BLS B U L L E T I N NO. 1451 £T

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DOCUMENT COLLECTION

COLLECTIVE BARGAINING

AGREEMENTS IN THE

FEDERAL SERVICE,

LATE SUMMER 1964

UNITED STATES DEPARTMENT OF LABOR 

W. Willard Wirtz, Secretary

BUREAU OF LABOR STATISTICS

Ewan Clague, Commissioner

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BLS BULLETIN NO. 1451

COLLECTIVE BARGAINING

AGREEMENTS IN THE

FEDERAL SERVICE,

LATE SUMMER 1964

August 1965 U N ITED STATES DEPARTM EN T OF LABOR

W. W illard W irtz, Secretary

BUREAU OF LABOR STATISTICS 

Ewan Clague, Commissioner

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Preface

By late summer 1964, about Z l/z years after the 

issuance of the P resid en t’s Executive order establishing 

a uniform labor relations policy for the executive departments of the Federal Government, 209 form al collective 

bargaining agreements, covering about 600,000 Federal 

employees, had been negotiated under the terms of the 

order. For most of the agencies and several of the unions, 

collective bargaining was a new experience, and some of 

the first agreements simply recast the Executive order. 

Since the major terms of compensation and supplementary 

benefits for Federal workers are established by the Congress, the scope of bargaining with individual agencies 

can never be as wide as in private industry.

This study presents a detailed picture of the early 

results of bargaining in the Federal Service, as reflected 

in written agreements. Considering the pace at which 

union organization and collective bargaining are moving, 

the study soon may have historical interest mainly, but it 

w ill continue to serve as a base upon which the changes 

in collective bargaining can be measured.

The agreement clauses quoted in this study, identified by agency and union in an appendix, are not intended 

as model or recommended clauses. The classification 

and interpretation of clauses, it must be emphasized, do 

not necessarily reflect the understanding of the parties 

who negotiated the clauses. Minor editorial changes were 

made where necessary to enhance clarity and irrelevant 

parts were omitted where feasible.

This bulletin was prepared by Harry P. Cohany, 

assisted by H. James Neary, under the direction of 

Joseph W. Bloch, Chief of the Bureau’ s Division of Industrial and Labor Relations, under the general direction of 

Leonard R. Linsenmayer, Assistant Commissioner for 

Wages and Industrial Relations.

iii

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Contents

Pase

Chapter I. In tro d u c tio n ___________________________________________________________________ 1

Scope of study------------------------------------------------------------------------------------------------- 4

Chapter II. Agreem ent provisions in agencies

other than P o s t O f f i c e -------------------------------------------------------------------------------------- 9

General policy statements ----------------------------------------------------------------------------- 9

H ours of w o rk and o v e r t i m e -------------------------------------------------------------------------- 13

Daily and weekly hours ----------------------------------------------------------------------------- 13

H oliday p a y ------------------------------------------------------------------------------------------------ 17

W ork in g c o n d itio n s ______________________________________________________________________ 17

R e s t p e r io d s ----------------------------------------------------------------------------------------------- 17

Washup and/or cleanup provisions ----------------------------------------------------------- 18

S pecial clothin g------------------------------------------------------------------------------------------ 18

W ork by s u p e r v is o rs -------------------------------------------------------------------------------------- 19

S u b con tra ctin g------------------------------------------------------------------------------------------------ 19

Safety m a t t e r s ------------------------------------------------------------------------------------------------ ZO

P o lic y statem en ts-------------------------------------------------------------------------------------- 20

Safety c o m m itt e e s ------------------------------------------------------------------------------------- 20

A ccid e n t r e p o r t s --------------------------------------------------------------------------------------- 22

W ork under hazardous conditions _______________________________________________ 22

Disabled em p loyees ---------------------------------------------------------------------------------- 22

L e a v e p o l i c i e s ------------------------------------------------------------------------------------------------ 23

Annual le a v e ----------------------------------------------------------------------------------------------- 23

Sick l e a v e -----------------------------------<--------------------------------------------------------------- 24

C iv ic duties ______________________________________________________________________________ 25

Jury duty ______________________________________________________________________________ 25

Voting l e a v e ----------------------------------------------------------------------------------------------- 26

C h a rity d r i v e s ------------------------------------------------------------------------------------------- 26

C ra ft ju r is d ic t io n ------------------------------------------------------------------------------------------- 27

Wage su rveys ____________________________________________________________________________ 28

Survey r e q u e s ts ----------------------------------------------------------------------------------------- 29

Union p a rtic ip a tio n __________________________________________________________________ 29

A p p e a ls ________________________________________________________________________________ 31

P e r s o n n e l a ction s------------------------------------------------------------------------------------------- 31

P r o m o t io n s ------------------------------------------------------------------------------------------------ 31

Demotions ____________________________________________________________________________ 33

R e d u c tio n - in - fo r c e __________________________________________________________________ 33

Job descriptions and ratings ______________________________________________________ 34

D is c ip lin a ry a c tio n __________________________________________________________________ 35

A p p ren tice sh ip and tra in in g---------------------------------------------------------------------- 37

R e c ru itin g -------------------------------------------------------------------------------------------------- 39

Union activities __________________________________________________________________________ 40

Union affairs and m eetings ________________________________________________________ 40

P u b lic ity _______________________________________________________________________________ 41

Stewards and r e p r e s e n t a t iv e s ------------------------------------------------------------------- 42

Visitation rights ---------------------------------------------------------------------------------------- 44

Union l e a v e ------------------------------------------------------------------------------------------------ 45

Dues w ith h o ld in g _____________________________________________________________________ 46

v

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Contents— Continued

P a Se

Union-management activities ------------------------------------------------------------------------- 49

Cooperation committees---------------------------------------------------------------------------- 49

Negotiating committees------------------------------------------------------------------------------ 51

Factfinding committees------------------------------------------------------------------------------ 5 2

Mediation----------------------------------------------------------------------------------------------------- 54

Decision and appeals----------------------------------------------------------------------------------- 55

Grievances and arbitration------------------------------------------------------------------------------ 56

Rights of union and individual-------------------------------------------------------------------- 57

Scope of procedures_______________________________________________________ 58

Procedural steps----------------------------------------------------------------------------------------- 59

Advisory arbitration----------------------------------------------------------------------------------- 62

Supplemental agreements-------------------------------------------------------------------------------- 64

Chapter III. Provisions in the National Postal Agreement ___________________ 65

Tables:

1. Federal collective bargaining agreements by

agency and union affiliation, late summer 1964_______________________ 5

2. Federal collective bargaining agreements by

agency and number of employee

organizations, late summer 1964 ------------------------------------------------------ 6

3. Federal collective bargaining agreements by

agency and broad occupational coverage,

late summer 1964 --------------------------------------------------------------------------------- 7

4. Federal collective bargaining agreements by

size of bargaining unit, late summer 1964------------------------------------------ 8

5. Federal collective bargaining agreements

exclusive of Post Office, by region,

late summer 1964_______________________________________________________ 8

Appendixes:

A. Executive Order 10988___________________________________________________ 7 1

B. Standards of conduct for employee organizations

and code of fair labor practices_______________________________________ 76

C. Merit staffing (Department of Labor) --------------------------------------------------- 81

D. Identification of clauses__________________________________________________ 86

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Collective Bargaining Agreements in the Federal Service,

Late Summer, 1964

Chapter i. Introduction

Executive Order 10988, issued by President John F. Kennedy on January 17, 196 2, established for the first time a uniform labor relations policy in

the executive departments of the Federal Service, including the right to negotiate agreements. 1 The order followed closely the recommendations made by a

special task force on November 30, 1961, appointed by the President on June 22,

to advise him on employee-management relations in the Federal Government. 1 2

The task force, after an extensive survey, concluded that the "Federal Government has no Presidential policy on employee-management relations, or at least

no policy beyond the barest acknowledgement that such relations ought to exist.

Lacking guidance, the various agencies of the Government have proceeded on

widely varying courses. Some have established extensive relations with employee

organizations; most have done little; a number have done nothing. The task force

is firmly of the opinion that in large areas of the Government we are yet to take

advantage of this means of enlisting the creative energies of Government workers

in the formulation and implementation of policies that shape the conditions of

their work. " The report went on to say: "The task force believes the time has

come to establish a governmentwide Presidential policy which acknowledges the

legitimate role which these organizations should have in the formulation and

implementation of Federal personnel policies and practices. "

The task force acknowledged that "the benefits to be obtained for employee organizations, while real and substantial, are limited" because "many of

the most important matters affecting Federal employees are determined by Congress, and are not subject to unfettered negotiation by officials of the Executive

Branch." For example, wages, perhaps the key issue in collective bargaining

in private industry, are, in the Federal Service, set either by statute (such as

the Classification Act) or are determined on the basis of prevailing rates of pay

in comparable occupations in private employment in the area (for "wage board

employees"). 3 For all categories of employees, fringe benefits— e. g. , retirement and insurance benefits, annual and sick leave, paid holidays— are uniformly

applicable through legislation and regulations, and are thus not subject to negotiation. Agency regulations, however, such as those implementing the above

practices, as well as seniority rights, grievance procedures, the methods of

determining prevailing rates of pay for wage board employees, and other regulations, allow some scope to union negotiations.

1 See appendix A and B, respectively, for the text of the order and the "Standards of Conduct for Employee

Organizations and Code of Fair Labor Practices in Employee-Management Cooperation in the Federal Service, " issued

pursuant to the order.

2 Its members were Arthur J. Goldberg, Secretary of Labor, chairman; John W . Macy, Jr., Chairman, U .S . Civil

Service Commission, vice chairman; David E. Bell, Director, Bureau of the Budget; J. Edward Day, Postmaster General;

Robert F. McNamara, Secretary of Defense; and Theodore C . Sorenson, Special Counsel to the President.

3 Salaries set by statute include those of the Classification Act, covering most professional, administrative, and

clerical employees, the Postal Field Service, the Foreign Service, and the m edical service of the Veterans Adm inistration. They are payable on an annual basis. Wage board employees, excluded from the Classification Act for

paysetting purposes only, are those in trades, crafts, and manual occupations. They are paid on a hourly basis.

It should be noted that statutory systems do not apply to employees in a number of agencies who are governed

by separate pay systems. Among these agencies are the Tennessee Valley Authority and the Atom ic Energy Commission.

See table 3.

1

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Union activity in the Federal Service, it should be emphasized, is not a

recent development. Organizations of blue-collar workers in Government installations existed in the 1830! s and 1840‘ s and contributed to efforts to reduce daily

hours of work to 10 and, subsequently, to 8. At the urgings of union leaders,

Congress passed the first "prevailing wage" statute in 1861. Postal unions were

founded in the 1880's and 1890's. As a result of growing union activity among

Federal blue-collar workers, the International Association of Machinists, in 1904,

chartered a separate division for such members, known as District 44. Four

years later, a number of unions affiliated with the American Federation of Labor

established the Metal Trades Department which was authorized to form local

metal trades councils to coordinate representation and bargaining efforts and to

resolve jurisdictional disputes among affiliates. A charter was granted that year

to organizations at the Brooklyn Navy Yard. 4 The right of Federal employees

to join unions and to petition Congress was established by the Lloyd-LaFollette

Act of 1912, which stated in part:

(c) Membership in any society, association, club, or other form of organization of postal em ­

ployees not affiliated with any outside organization imposing an obligation or duty upon them to

engage in any strike, or proposing to assist them in any strike, against the United States, having for

its objects among other things, improvements in the condition of labor of its members, including

hours of labor and compensation therefor and leave of absence by any person or groups of persons in

said postal service, or the presenting by any such person or groups of persons of any grievance or

grievances to the Congress or any member thereof shall not constitute or be cause for reduction in

rank or compensation or removal of such person or groups of persons from said service.

(d) The right of persons employed in the civil service of the United States, either individually or

collectively, to petition Congress, or any member thereof, or to furnish information to either House

of Congress, or to any com mittee or member thereof, shall not be denied or interfered with.

Although originally a rider to a Post Office appropriation bill, the act

has, by extension, been held to apply to all Federal employees and the right of

Federal employees to organize. It is still the only significant Federal statute

protecting this right.

The first general union of civil servants, the National Federation of

Federal Employees (NFFE), was formed in 1917 when the American Federation

of Labor issued a charter to several directly affiliated local unions. Disagreement

with the AFL over jurisdictional matters resulted in the withdrawal of the NFFE

from the Federation in 1932. In the same year, local unions opposed to secession

formed the American Federation of Government Employees (AFGE). Both unions

are still in existence.

The Presidents task force found that in 1961 approximately one-third of

all Federal employees were members of unions. This overall total, however,

was largely influenced by postal unions which accounted for nearly 490, 000 of the

762, 000 members, and represented 84 percent of postal employment. Other

agencies reporting a large proportion of organized employees were the Tennessee

Valley Authority (82 percent of its employment), the St. Lawrence Seaway Development Corporation (80 percent), the Panama Canal Co. (67 percent), and the Government Printing Office (54 percent). Of 57 Federal departments and agencies

surveyed, 22 did not have a formal labor relations policy, while 11 other agencies

provided briefly that employees had the right to join or not to join employee

organizations. In 21 agencies, labor relations policies followed the Suggested

Guide for Effective Relationships with Employee Croups in the Federal Service,

issued by the Federal Personnel Council in 1952. In essence, the Guide suggested

4 Members of the IAM's District 44 and of the M etal Trades Department have for a number of years served on

the Navy Wage Com m ittee which reviews data on local prevailing wage rates and determines area pay scales for

each craft.

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that M. . . representatives of organized employee groups should be encouraged,

and insofar as practicable may from time to time be requested, to discuss with

officials of the agency questions of personnel policy of general interest to employees . . . n In addition, it recommended that certain services, such as bulletin boards, distribution of literature, collection of dues and official facilities

for meetings, be provided to employee organizations. Labor relations policies

of an advanced nature were found in three Federal agencies, the Post Office, the

Tennessee Valley Authority, and the Department of the Interior, with negotiations

leading to written agreements confined to the latter two. 5

The task force further noted:

The absence of Presidential policy at this late date is an unnecessary situation; in many ways it is

an anomalous one. For a quarter century it has been the public policy of the Government to encourage employees in private enterprise to organize and deal collectively; yet the Government continues to have almost nothing to say concerning the role of organizations of its own employees . . .

Despite the obvious similarities in many respects between the conditions of public and private em ­

ployment, the task force feels that the equally obvious dissimilarities are such that it would be neither

desirable, nor possible, to fashion a Federal system of employee-m anagem ent relations directly upon

the system which has grown up in the private economy . . .

The task force wishes . . . to note its conviction that there need be no conflict between the system

of em ployee-m anagem ent relations proposed . . . and the C ivil Service merit system, which is and

should remain the essential basis of the personnel policy of the Federal Government.

The principle of entrance into the career service on the basis of open competition, selection on

merit and fitness, and advancement on the same basis, together with the full range of principles and

practices that make up the Civil Service system govern the essential character of each individual's

employment. Collective dealing cannot vary these principles. It must operate within their framework.

The C ivil Service system has provided an excellent and, indeed, indispensable method of selecting

government employees and rewarding their achievements. However, it has not, on the whole, provided a means by which employees acting in concert may promote the collective interests of civil

servants. In this light it is clear that the systems are both mutually com patible, and in fact com ­

plement each other.

The Executive order, in line with the recommendations of the task force,

reaffirms the right of employees to join or not to join unions ’’without fear of

penalty or reprisal." Recognition is denied to unions which assert the right to

strike against the Government, which advocate the overthrow of the constitutional

form of Government, and which discriminate because of race, color, creed, or

national origin, and which are found to be subject to corrupt influences. The

order* s principal feature, however, is the provision for granting three forms of

recognition to employee organizations— informal, formal, and exclusive. Informal

recognition permits an organization to be heard on matters of interest to its

members, regardless of the form of recognition accorded to others, although the

agency need not consult it on personnel policy. Organizations having at least

10 percent membership among the employees in a given unit may seek and obtain

formal recognition, in which case they speak for their members only in consultations with management on matters relating to working conditions and the formulation and implementation of personnel policies. Note that formal recognition

cannot be granted or retained if another organization has exclusive recognition,

although informal recognition of other units may continue. Finally, to obtain

exclusive recognition, an organization must qualify for formal recognition and

must be selected by the majority of the employees in the appropriate unit. The

union so chosen must represent all employees in the unit and is authorized to

5 T V A has carried on collective bargaining with 16 craft unions represented by the Valley Trades and Labor

Council since 1937, and with 7 w hite-collar unions represented by the Salary Policy Employee Panel since 1943. The

Department of the Interior reported 24 agreements as of the end of 1961, covering employees on the Alaska Railroad,

the Bureau of Reclam ation, Bonneville Power Administration, Bureau of Mines, Helium Activity, and powerplants run

by the Bureau of Indian Affairs and Southwestern Power Administration. These agreements are not covered in this study.

784-562 0 - 65-2

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negotiate collective bargaining agreements. Units may be established on plant,

craft, functional, or departmental lines, or on any other basis which establishes

a community of interests among employees. In case of disagreement between

unions and agencies as to what constitutes a proper bargaining unit, resort may

be had to advisory arbitration. 6

The scope of negotiations is broadly stated as covering "personnel policy

and practices and matters affecting working conditions, n but does not "extend to

such areas of discretion and policy as the mission of an agency, its budget, its

organization and the assignment of its personnel, or the technology of performing

its work. " Agreements are subject to existing and future laws and regulations

and must be approved by the head of the agency. A variety of other management

rights dealing, in the main, with promotions, demotions, transfers, layoffs, and

disciplinary actions are also included in the order.

As required, by July 1, 1962, agency heads issued appropriate rules

and regulations to implement the order, often after consultations with employee

organizations, and the three forms of recognition began to be extended shortly

thereafter. The first agreement under the order was negotiated by the Department of Agriculture and Meat Inspection Dodges affiliated with the American

Federation of Government Employees (AFL-CIO) and went into effect on September 3, 1962. In early 1965, 3 years after the order was issued, the Civil Service Commission had a record of 627 exclusive units covering 760, 000 employees,

of which 245 with 660,000 employees had negotiated agreements (515,000 in the

Post Office Department).

This study describes the provisions of 209 agreements which were available to the Bureau of Labor Statistics by late summer 1964. Agreements negotiated prior to Executive Order 10988 are excluded from this study. 7 Because

of procedural requirements and other problems, the Bureau is not in a position

to account for all agreements that may have gone into effect as of that date. 8

The study focuses on the types and varieties of provisions that the parties in

their first effort of this kind have agreed to incorporate into their written agreements. Thus, it serves as a benchmark against which to measure developments

in the scope of collective bargaining over time.

Scope of Study

The 209 agreements negotiated under Executive Order 10988, with which

this study deals covered nearly 600,000 workers in 21 Federal departments or

agencies (table 1). Nearly 90 percent of the agreements studied were negotiated

by unions affiliated with the AFL-CIO, representing about 87 percent of all covered

workers. By far the largest number of workers, more than 471,000, were accounted for by a national agreement between the Post Office Department and six

unions. Negotiations between local post offices and postal unions are expected

to result in more than 20, 000 supplementary agreements. Approximately 8, 000

local supplementary agreements have already been reached; these, however, are

not accounted for in this study. Outside of the Post Office, the largest agreement

and worker coverage was in Department of Defense agencies— 109 contracts for

Twenty arbitration cases conducted through D ec. 31, 1963, are described in Federal Employee Unit Arbitration

(U. S. Department of Labor, Labor-Management Services Administration, June 1964). As of m id -1965, a total of

41 advisory arbitration decisions have been rendered.

7 See footnote 5.

8 One of the difficulties of accounting for all agreements as of a particular date results from the fact that

contracts reached at the local level must be approved at agency headquarters before they can go into effect, a procedure which, at times, takes a month or longer. Other difficulties arise from delays in printing and distributing

agreements. The Bureau of Labor Statistics is not the depository of Federal agreements, but depends on other agencies

for copies.

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Table 1. Federal Collective Bargaining Agreements by Agency and

Union Affiliation, Late Summer 1964

Agency

Number Union affiliation

Agreements

Employees

covered

AFL-CIO Unaffiliated

Agreements

Employees

covered Agreements

Employees

covered

T o t a l ---------------------------------------------------- 209 599, 542 1 183 525, 274 127 74, 268

Agriculture----------------------------------------------------- 3 2, 983 2 2, 558 1 425

C o m m e rc e ------------------------------------------------------ 3 230 3 230 _ _

D efense------------------------------------------------------------ 1 264 1 264 _ _

Air F o r c e -------------------------------------------------------- 9 7 ,2 1 0 7 4, 910 2 2, 300

A rm y ---------------------------------------------------------------- 34 14, 337 30 10, 445 4 3 ,8 9 2

N a v y ---------------------------------------------------------------- 65 66, 696 58 64 ,5 6 8 7 2 ,1 2 8

Health, Education, and W elfare---------------- 10 12, 259 9 12, 207 1 52

Interior------------------------------------------------------------ 14 724 12 609 2 115

Labor---------------------------------------------------------------- 3 4, 079 3 4, 079 _ _

Post O f fic e ----------------------------------------------------- 1 4 7 1 ,4 1 4 U 408, 333 l l 63,081

T reasury---------------------------------------------------------- 5 732 5 732 - _

Atom ic Energy Commission ---------------------- 1 22 1 22 - _

C ivil Aeronautics Board------------------------------ 1 11 1 11 -

Federal Aviation A g e n c y -------------------------- 4 839 4 839 - _

General Services Administration---------------- 21 1,772 16 1,221 5 551

Interstate Comm erce C o m m issio n----------- 1 20 1 20 _ _

National Labor Relations Board------------------ 1 42 _ _ 1 42

Railroad Retirement B o a rd------------------------ 1 1,8 0 0 1 1 ,8 0 0 _ _

Smithsonian Institution--------------------------------- 1 30 1 30 _ _

Tariff C om m ission--------------------------------------- 1 7 1 7 _ _

Veterans A dm inistration---------------------------- 29 14,071 26 12, 389 3 1,6 8 2

1 National Post Office agreement covers 4 unions affiliated with the AFL-CIO and 2 unaffiliated unions. Agreement coverage, however, is allocated by affiliation.

88, 507 employees. Other agencies with significant contract or worker coverage

were Health, Education, and Welfare, and Interior, Labor, General Services

Administration, and the Veterans Administration.

Thirty-four unions, twenty-three affiliated with the AFL-CIO, were parties

to the collective agreements studied (table 2). The extent of collective bargaining

activity generated by the order can be gaged by the number of different unions

which deal with a single agency. Thus, the Navy Department had agreements

with 14 different organizations. Among the major ones, in terms of worker

representation, were the local metal trades councils of the Metal Trades Department (AFL-CIO), the American Federation of Government Employees, the International Association of Machinists and Aerospace Workers, the National Maritime

Union, and the National Association of Government Employees (Ind. ); smaller

number of workers were represented by the International Union of Operating

Engineers, the International Association of Fire Fighters, and the International

Printing Pressmen and Assistants1 Union of North America. The Federal Aviation

Agency bargained with four unions for 839 workers: The American Federation

of Government Employees, the International Association of Machinists and Aerospace Workers, the International Brotherhood of Electrical Workers, and the

Lithographers and Photoengravers International Union.

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Table 2. Federal Collective Bargaining Agreements by Agency and

Number of Employee Organizations, Late Summer 1964

Number Union affiliation

Agency Employee

organizations

Employees

covered

AFL--CIO Unaffiliated

Employee

organizations

Employees

covered

Employee

organizations

Employees

covered

T o t a l--------------------------------------------------

1

34 599.542

1

23 5 2 5 .2 7 4

1

11 74,268

A gricu ltu re------------------------------------------------- 2 2,9 8 3 1 2 ,5 5 8 1 425

Commerce ------------------------------------------------- 3 230 3 230 - -

D e fe n se -------------------------------------------------------- 1 264 1 264 - -

Air F orce------------------------------------------------------ 5 7,210 4 4 ,9 1 0 1 2 ,3 0 0

A r m y ------------------------------------------------------------ 12 14, 337 9 1 0 ,4 4 5 3 3 ,8 9 2

Navy ------------------------------------------------------------ 14 66 ,6 9 6 11 6 4 ,5 6 8 3 2 ,1 2 8

Health, Education, and W e lfa r e ----------- 2 12,259 1 1 2 ,2 0 7 1 52

Interior ------------------------------------------------------- 7 724 6 609 1 115

Labor ------------------------------------------------------------ 1 4 ,0 7 9 1 4 ,0 7 9 - _

Post Office ------------------------------------------------- 6 4 7 1 ,4 1 4 4 4 0 8,333 2 63,081

Treasury ------------------------------------------------------ 4 732 4 732 - -

Atom ic Energy C om m ission-------------------- 1 22 1 22 - _

Civil Aeronautics Board -------------------------- 1 11 1 11 - _

Federal Aviation A gen cy-------------------------- 4 839 4 839 _ _

General Services Adm inistration----------- 5 1, 772 2 1,221 3 551

Interstate Commerce Com m ission--------- 1 20 1 20 - -

National Labor Relations B oard-------------- 1 42 - - 1 42

Railroad Retirement Board---------------------- 1 1 ,8 0 0 1 1 ,8 0 0 _ _

Smithsonian Institution---------------------------- 1 30 1 30 - -

Tariff Com m ission------------------------------------- 1 7 1 7 - -

Veterans A dm inistration-------------------------- 4 14,071 2 1 2 ,3 8 9 2 1,6 8 2

1

These columns are nonadditive; many unions bargain with more than 1 Federal agency.

The jurisdiction of 16 unions with 540, 000 workers was limited to the

Federal Service, The study reveals that since issuance of the order several

new employee organizations have come into existence, such as the National Association of Government Employees (Ind. ) (8 agreements), the National Association

of Government Inspectors (Ind. ) (Z), and the Social Security District Office Employees Union (Ind.) (1). At the time of the study, however, the largest number

of agreements were held by organizations with a long history of activity among

Federal employees. The American Federation of Government Employees had

111 contracts, followed by the Lithographers and Photoengravers with 14, and

metal trades councils with 11.

Bargaining units outside of the Post Office comprised 21, 000 Classification Act employees and 63,000 wage board employees, while 44,000 were in

mixed units (table 3). Comparing these figures with corresponding employment

totals, it is clear that, except for the Post Office, unions still face major organizing tasks. 9 Several large agencies, predominantly white-collar, had no agreements or very little coverage under agreements. The Department of Labor*s

agreement with AFGE is the only one covering virtually all eligible Washington

headquarters' employees.

9 In 1964, the C ivil Service Commission reported 1.1 m illion classified employees, 6 2 4 ,0 0 0 wage board em ­

ployees, and 5 8 5 ,0 0 0 employees in the postal service.

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Table 3. Federal Collective Bargaining Agreements by Agency and Broad

Occupational Coverage,* Late Summer 1964

Agency

Number

Type of bargaining unit

Classification Act Wage board Mixed

Agreements

Employees

covered

Agreements

Employees

covered

Agreements

Employees

covered

Agreements

Employees

covered

Total — --------------------------------------------- 209 599,542 34 492, 73 7 93 6 2 ,6 3 5 82 4 4 ,1 7 0

A gricultu re-------------------------------------------------- 3 2 ,9 8 3 3 2 ,9 8 3 _ _

Commerce — --------------------------------------------- 3 230 - - 2 150 1 80

D e fen se ------------------------------------------------------- 1 264 - - - - 1 264

Air F orce------------------------------------------------------ 9 7,2 1 0 1 150 2 1 ,9 3 0 6 5 ,1 3 0

Army ----------------------------------------------------------- 34 1 4 ,3 3 7 4 744 17 2 ,9 1 4 13 1 0 ,679

Navy ------------------------------------------------------------ 65 6 6 ,6 9 6 6 339 33 54, 733 26 1 1 ,624

Health, Education, and W e lfa r e ------------ 10 1 2 ,2 5 9 9 1 1 ,0 5 9 - - 1 1 ,2 0 0

Interior -------------------------------------------------------- 14 724 1 18 11 481 2 225

Labor ------------------------------------------------------------ 3 4 ,0 7 9 3 4 ,0 7 9 - - - -

Post o f fic e --------------------------------------------------- 1 4 7 1 ,4 1 4 1 4 7 1 ,4 1 4 - - - -

Treasury ------------------------------------------------------ 5 732 - - 4 582 1 150

Atom ic Energy C om m ission----------------— 1 22 1 22 - - - -

Civil Aeronautics Board---------------------------- 1 11 - - 1 11 - -

Federal Aviation A gency-------------------------- 4 839 1 46 2 119 1 674

General Services Adm inistration------------ 21 1, 772 1 11 18 1 ,3 7 6 2 385

Interstate Commerce Com m ission---------- 1 20 - - 1 20 - -

National Labor Relations B oard-------------- 1 42 1 42 - - - -

Railroad Retirement Board---------------------- 1 1 ,8 0 0 1 1 ,8 0 0 - - - -

Smithsonian Institution---------------------------- 1 30 1 30 - - - -

Tariff Com m ission------------------------------------- 1 7 - - 1 7 - -

Veterans A dm inistration-------------------------- 29 14,071 - 1 312 28 13, 759

1 See footnote 3, p. 1.

Nearly half of the 209 bargaining units accounted for were made up

of 150 or fewer employees, but these encompassed fewer than 6, 000 workers

(table 4). About 510, 000 workers were in six bargaining units with 5, 000 or more

workers each. Excluding Post Office agreements which could not be allocated on

a geographic basis, more than half of the remaining 128, 000 employees were in

installations in two regions, the South Atlantic and the Pacific (table 5). In the

former, Maryland contributed about 11,500, with the District of Columbia and

South Carolina adding about 7, 000 each. The largest number of covered employees as of late summer 1964 were in New York, 13, 700, and California, 12, 300.

Most of the agreements accounted for in this study went into effect in

the first half of 1964. In general, it took from 4 to 9 months after the date of

granting exclusive recognition to reach an agreement, although in some cases it

took as little as 3 months and in a few as much as 19 months.

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Table 4. Federal Collective Bargaining Agreements by Size of

Bargaining Unit, Late Summer 1964

Number of employees

in bargaining unit

Number Agreements negotiated byAgreements

Employees

covered

AFL-CIO affiliates Unaffiliated unions

Agreements Employees

covered Agreements Employees

covered

T o t a l ---------------------------------------------------- 209 59 9 ,5 4 2 *183 52 5 ,2 7 4 *27 7 4 ,2 6 8

1 - 5 0 ---------------------------------------------------------------- 60 1 ,5 9 4 55 1,483 5 111

5 1 -1 0 0 ------------------------------------------------------------ 19 1 ,3 4 0 15 1,0 6 7 4 273

101 1 5 0 ---------------------------------------------------------- 21 2 ,7 3 4 19 2 ,4 6 9 2 265

151 200 ---------------------------------------------------------- 14 2, 492 12 2, 134 2 358

2 0 1 -3 0 0 ---------------------------------------------------------- 19 4, 609 16 3 ,931 3 678

301 -5 0 0 ---------------------------------------------------------- 16 6, 485 14 5, 660 2 825

501 750 ---------------------------------------------------------- 19 12,162 16 10 ,3 6 0 3 1,802

751 1 ,0 0 0 ------------------------------------------------------ 10 8, 830 7 6, 307 3 2 ,523

1 ,0 0 1 -5 ,0 0 0 ------------------------------------------------- 22 4 9 ,6 5 8 20 45, 306 2 4 ,3 5 2

Over 5 ,0 0 0 ---------------------------------------------------- 6 509, 638 6 1446, 557 1 1 63,081

Not availab le-------------------------------------------------- 3 3

1 See footnote 1, table 1.

Table 5. Federal Collective Bargaining Agreements Exclusive of

Post Office, by R egion ,1 Late Summer 1964

Region 1 Agreements

Employees

covered Region * Agreements

Employees

covered

T o t a l---------------------------------------------------- 208 128, 128

South A t la n t ic ---------------------------------------------- 50 36, 915

Interregional agreements 2 -------------- 4 4 ,8 3 3 East South C e n tra l------------------------------------- 10 7, 800

West South C e n tr a l--------------------------------- 17 5, 828

\T/aiAf r n rrl n 16 7 ,0 9 8 AAa i i n t o IN C W V 1 cillVJ. xVJaJLllxLcL111 — — — — — — — — — — — — — — 11 2, 343

o A f l n n f i r 30 23,391 I V llU U lC / A l l d U l l C P o 1 1X1C “ p 1 "f 1 p 36 30, 009

East North C entral------------------------------------- 16 6, 838

West North C e n tra l--------------------------------- 14 2, 808 Outside the United S ta tes ----------------- 4 265

The regions used in this study include: New England— Connecticut, Maine, Massachusetts, New Hampshire,

Rhode Island, and Vermont; Middle Atlantic— New Jersey, New York, and Pennsylvania; East North Central— Illinois,

Indiana, Michigan, Ohio, and Wisconsin; West North Central— Iowa, Kansas, Minnesota, Missouri, Nebraska, North

Dakota, and South Dakota; South Atlantic— Delaware, District of Colum bia, Florida, Georgia, Maryland, North

Carolina, South Carolina, Virginia, and West Virginia; East South Central— Alabam a, Kentucky, Mississippi, and

Tennessee; West South Central— Arkansas, Louisiana, Oklahoma, and Texas; Mount a in~—Arizona, Colorado, Idaho,

Montana, New M exico, Nevada, Utah, and W yoming; and Pacific— Alaska, California, Hawaii, Oregon, and Washington.

2 Includes 2 agreements negotiated by the Department of Agriculture covering tobacco and meat inspectors,

by the Department of Comm erce (Saint Lawrence Seaway) covering installations in Michigan and New York, and 1 by

the Railroad Retirement Board covering offices throughout the country.

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Chapter II. Agreement Provisions in Agencies Other Than Post Office

This part of the study describes and quotes provisions of Federal agreements reached under Executive Order 10988 by late summer 1964, except for

the Post Office agreement which is discussed separately. These 208 agreements

were, in most cases, the result of the first negotiating efforts between the parties.

Items included in supplementary or second agreements are accounted for under

particular headings, but the characteristics of these supplements are summarized

at the end of the chapter.

General Policy Statements

Virtually all agreements incorporated a statement, usually in the form of a

preamble or among the opening paragraphs, setting forth the purpose and function

of the collective agreements. The language of these statements was in large

measure derived from various sections of the Executive order. For example:

The purposes of this agreement are to:

1. Identify the parties to the agreement and define their respective roles and responsibilities

under the agreement.

2. State the policies, procedures, and methods that will govern the working relationships between

the parties.

3. Indicate the nature of subject matters of proper mutual concern.

4. Insure employee participation in the formulation of personnel policies and procedures.

5. Provide for the highest degree of efficiency in the accomplishment of the objectives of

the hospital.

6. Promote systematic em ployee-m anagem ent cooperation. (1)

sje * i\(

. . . it is the intention and purpose of the parties hereto to promote and improve the efficient administration of the Federal Service and the w ell being of journeyman pressmen within the meaning of

Executive Order 10988; to establish a basic understanding relative to personnel policy, practices, procedures, and matters affecting conditions of employment; and to provide means for am icable discussion

and adjustment of matters of mutual interest at the Bureau of Engraving and Printing . . . (2)

As required by section 7 of the order, the 208 agreements incorporated

provisions delineating the rights reserved to management and acknowledged that

the contract was subject to all present and future Federal laws, regulations, and

policies. The pertinent sections of the order read as follows:

(1) In the administration of all matters covered by the agreement officials and employees are governed

by the provisions of any existing or future laws and regulations, including policies set forth in the

Federal Personnel Manual and agency regulations, which may be applicable, and the agreement shall

at all times be applied subject to such laws, regulations and policies;

(2) Management officials of the agency retain the right, in accordance with applicable laws and

regulations, (a) to direct employees of the agency, (b) to hire, promote, transfer, assign, and retain

employees in positions within the agency, and to suspend, demote, discharge, or take other disciplinary action against employees, (c) to relieve employees from duties because of lack of work or for

other legitimate reasons, (d) to maintain the efficiency of the Government operations entrusted to

them, (e) to determine the methods, means and personnel by which such operations are to be conducted; and (f) to take whatever actions may be necessary to carry out the mission of the agency in

situations of emergency.

9

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In addition, about 4 out of 5 agreements defined the issues which the

parties considered appropriate for bargaining, frequently coupled with a listing

of those matters which were not subject to bargaining. The latter items were

usually those listed in section 6(b) of the order— budget matters, mission of

the agency, assignment of personnel, and the technology of performing work.

For example:

It is agreed that matters appropriate for consultation and negotiation between the parties shall include

personnel policies and working conditions including, but not lim ited to, such matters as safety, training,

labor-management cooperation, employee services, methods of adjusting grievances and appeals,

granting leave, promotion plans, demotion practices, pay regulations, reduction in force practices, and

hours of work which are within the discretion of the employer. It is further agreed that these matters

relate to the policy determination in the above areas and not to day to day operations or individual

dissatisfactions. No obligation on the part of the employer exists to consult or negotiate with Local 43 7

with respect to such areas of discretion and policy as the mission of the unit, its budget, its organization, and the assignment of its personnel or the technology of performing its work. The employer w ill,

when deemed appropriate by him, discuss with the union any changes contemplated or foreseen as

may affect employees in the unit in such matters. Any implication to the contrary notwithstanding,

management is not obligated to negotiate on matters for which it does not have the authority

to change. (3)

General subject areas which are considered appropriate subjects for negotiation under this agreement are:

a. Work environment.

b. Supervisor— employee relations.

c. Work shifts, tours of duty, and leave.

d. Grievance procedures.

e. Promotion procedures.

f. Safety.

g. Training.

h. Employee organization— management cooperation, implementation of policies relative to rates

of pay, wage surveys, and other matters consistent with the merit system principles.

i. Parking control.

j. Employee services.

The parties recognize that negotiations are not appropriate and may not take place with respect to any

matter not within the administrative authority of the hospital director, or which extends to such areas

of discretion and policy such as the mission of the station, its budget, organization, assignment of

personnel, or the technology of performing work. The above restriction is not construed as precluding

discussion of these matters when mutually advantageous to the parties. (4)

All agreements contained a recognition clause which by means of inclusions or exclusions defined the categories of employees covered by the agreement. As required by section 6(b) of the order, the clause frequently also imposed an obligation on the union to represent all employees in the unit regardless

of union membership or other factors. Two examples follow:

This agreement is applicable to all civilian employees of the unit which consists of:

a. Department of Graphic Arts and Distribution.

1. Quality Analysis Division.

2. Reproduction Division.

3. Techniques and Testing Division.

b. Department of Cartography, Manuscript Production Division.

1. Special Drawings Branch.

2. Manuscripts Engraving Branch,

Excluded from the unit for purposes of recognition and representation are management officials, professional employees, supervisors, and employees engaged in personnel work in other than a purely clerical

capacity. (5)

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The employer recognizes that the council is the exclusive representative of all employees in the

unit . . . , and the council recognizes its responsibilities of representing the interests of all such employees (without discrimination and without regard to employee organization membership) . . .

The unit to which the agreement is applicable is composed o f all eligible employees in the ungraded

unit. This includes all general wage service employees including ungraded inspection service em ­

ployees, planners and estimators, progressmen, ship schedulers, ship surveyors, and shop planners.

Excluded are patternmakers and their apprentices. (6)

Various other requirements of the Executive order (and other Federal

laws and regulations) were incorporated in a large number of agreements, dealing,

in the main, with the right of employees to join or not to join unions, discrimination because of race, national origin, creed and color, and no-strike bans.

Employees have the right to organize or join or refrain from joining employee organizations and to

designate representatives for the purpose of consulting and negotiating with management and in processing individual grievances. In the exercise of this right, employees and employees' representatives

shall be free from any and all restraint, interference, coercion, and discrimination. Employee organization membership shall not be encouraged or discouraged by any supervisor or management official

of the installation . . . (7)

Section 1. No employee in the unit, or no one seeking employment in the unit shall be required as

a condition of employment, transfer, promotion, reassignment, or retention, to join or refrain from

joining, any labor organization.

Section 2. Employees of the unit shall have, and shall be protected in the exercise o f the right,

freely and without fear of penalty or reprisal, to form, join, and/or assist any employee organization

or to refrain from any such activity.

Section 3. The employer shall take such action, consistent with law, as may be required in order

to assure that employees in the unit are appraised of the rights described in section 1, and to ensure

that no interference, restraint, coercion or discrimination is practiced within this activity to encourage

or discourage membership in any employee organization.

Section 4. The union agrees to accept employees as members upon the same basis as all other applicants without discrimination as to race, color, creed, or national origin. (8)

The council and the employer affirm their joint opposition to any discriminatory practices in connection with employment, promotion or training, believing that the public interest requires the full

utilization of employees' skills and abilities without regard to considerations of race, creed, color,

or national origin. (9)

>)<

The AFGE Lodge 2250 recognizes that it does not have the right:

a. To strike against the Government of the United States or any agency thereof, or to assist or

participate in any such strike, or impose a duty or obligation to conduct, assist or participate in any

such strike, or;

b. To advocate the overthrow of the constitutional form of government in the United States, or;

c. To discriminate with regard to the terms or conditions of membership because of race, color,

creed, or national origin. (4)

More than 90 percent of the agreements specified a term of 1 year,

subject to automatic renewal for an equal period at the anniversary date. Most

of the remaining agreements were for a 2-year term. Notice to terminate was

784-562 0 - 65-3

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usually required. Four out of five agreements could be reopened at any time to

negotiate changes and supplements, if the parties so agreed.

This general agreement shall be in full force and effect for 1 year from the effective date hereof and

from year to year thereafter unless either party shall give to the other party written notice of intention

to terminate this agreement in its entirety no less than 60 days prior to its anniversary date, provided

that, after such notice has been given, the parties may by agreement extend the contract for any

agreed upon period beyond the termination date.

At any time in the life o f this general agreement, either party may give the other party written notice

of its desire to effect changes and revisions herein through joint conference. However, no changes in

the agreement may be put into effect without the written concurrence of both parties. (10)

>\t >,'<>!<

The agreement w ill be subject to renegotiation biannually and any proposed changes must be announced

in writing not less than 60 days prior to the renegotiation date. Such notice must be acknowledged

by the other party within 10 days of receipt and a joint conference held within 30 days on the subject

of such notice.

If either party finds its interest adversely affected by any provision of this agreement, or finds through

experience the necessity of adding further provisions, it shall serve notice of intent to negotiate an

amendment, or to supplement the existing agreement. Within 60 days of such notice both parties

shall m eet for such purpose . . . Any such amendments or supplements w ill be subject to review on

the same date as the basic agreement. (11)

In about two-thirds of the agreements, the duration clause included

a statement of termination should the union no longer qualify for exclusive

representation.

The agreement w ill also be terminated:

(a) By mutual consent of the parties;

(b) At any tim e it is determined the union is no longer entitled to exclusive recognition under

Executive Order 10988. (12)

* >:< >;<

This basic agreement and all supplemental agreements hereto shall terminate in the event exclusive

recognition is withdrawn from the American Federation of Government Employees, Lodge No. 490. (13)

A number of agreements negotiated by the Army and the Department of

Agriculture differed from the above in that they specified the proportion of employees necessary for a new election or the number the union had to enroll to

qualify for continued recognition:

After the first year, the union's status as exclusive representative may be challenged upon a showing

that at least 30 percent of the employees of the Army Pictorial Center desire a new determination,

provided that where a negotiated agreement is in force challenges may be made during the 60 days

im m ediately preceding the expiration of such agreement. (14)

'!< >!« *

Recognition may be terminated on any anniversary date of recognition following a finding that the

Federal Tobacco Inspectors Mutual Association has less than 51 percent membership in the unit

involved. (15)

In about 30 percent of the agreements, the various clauses of the type

cited and brief references to joint meetings and union activities comprised the

entire or virtually the entire agreement (although not necessarily the agreements

identified above). Such arrangements were relatively more frequent in bargaining units for classified act than for wage board employees, covering agencies

and unions unaccustomed to negotiating activities. They thus essentially represent a desire to embody exclusive recognition rights into a written agreement.

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A variety of substantive provisions have been written into Federal agreements,

as shown in an analysis of the remaining 70 percent of the contracts, which are

described in subsequent sections, although some of these clauses reflect existing

regulations of the agencies.

Hours of Work and Overtime

The provisions described in this section deal with hours of work, overtime, shift changes, unforeseen dismissals, and holidays. They were found,

generally, in contracts applying to wage board employees, with a particularly

heavy incidence in various Department of Defense agreements. This is not surprising since work schedules are more likely to vary in industrial activities than

in offices.

Daily and Weekly Hours. Work schedules appeared in more than 30 percent of the 208 contracts and, as a rule, were set forth in general terms, as

the following illustrations indicate:

The basic workweek w ill consist of five 8-hour days, normally Monday through Friday except for em ­

ployees who are assigned other basic workweeks deemed necessary by the employer to carry out the

mission of the activity . . . (16)

*

The normal basic tour of duty for this installation w ill consist of 5 consecutive 8 - hour days, 0800 to

1630 horn’s, Monday through Friday, less 30 minutes for lunch period each day. A period of 7 consecutive days beginning at 0001 hours on Sunday and ending at 2400 hours the following Saturday constitutes an administrative workweek.

Tours of duty w ill cover a minimum of 40 hours per administrative workweek for all full-tim e

employees.

Wherever possible the basic 40-hour workweek w ill be scheduled over 5 days, Monday through Friday

so that the 2 days outside the basic workweek w ill be consecutive. As a minimum , 1 regular day

off— preferably Sunday— w ill be provided. (17)

Virtually all of the agreements which specified work schedules also in*

corporated overtime provisions. In addition to stipulating the premium rate for

work, the clauses frequently also set forth the reasons for which an employee

could refuse overtime work and the order in which assignments were to be made.

Overtime pay for graded and ungraded employees shall be computed in accordance with applicable

regulations.

It is understood that each employee who is assigned to necessary overtime work should consider such

assignment as paramount to his personal convenience.

Overtime work assignments shall be distributed as fairly as practicable among qualified employees.

It is agreed and understood that the assignment of overtime work is a function of management.

In assigning overtime work, the employer w ill normally take into consideration employee's skill,

ability, attendance record, and the expressed desires o f employees to the extent practicable. Supervisors shall not assign overtime work to employees as a reward or penalty, but solely in accordance

with the employer's needs.

Employees assigned to overtime work w ill be given as much advance notice o f such assignment as

possible.

Necessary pertinent information concerning overtime hours worked w ill be provided to employees

and/or council stewards to aid in resolving specific complaints concerning overtime distribution. (9)

* * *

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Overtime assignments shall be distributed fairly and equally to all employees in the particular job

rating in the assigned branch. Upon approval of this agreement, seniority (service computation date)

lists w ill be established; these lists shall constitute rosters for the purpose of overtime assignment, and

the most senior on the list shall be the first to be offered overtime duty. He may refuse overtime

provided he goes to the bottom o f the list. The most junior on the list w ill be the first for involuntary

selection if all employees in the particular job rating inthe assigned branch refuse overtime assignment.

Overtime assignments may be reviewed on request of the union on a monthly basis. If any inequalities are discovered, the employer w ill attempt to correct them during the ensuing month.

Pay for overtime work shall be in accordance with applicable laws and regulations. It normally will

be one and on e-h alf times the basic pay for all hours worked over 8 in any day and 40 in any basic

workweek.

In situations of national emergency and act of God, all employees are expected to work and perform

such duties as may be required regardless of tim e or the provisions of this agreement. An employee

may refuse to work overtime for valid reasons such as sickness and fam ily commitments, provided that

he goes to the bottom of the list for overtime consideration, and that the national interests are m et.

Classification Act employees grade 9 and below and wage board employees may not be required to

take compensatory time for overtime worked. (18)

>!< >\<

No employee shall be laid off during any regular shift hours in his basic workweek in order to com ­

pensate or offset overtime hours worked outside of his regular shift or basic workweek.

Employees who are required to work overtime in excess of 4 hours in their work shift shall be given

a lunch period in accordance with applicable rules and regulations.

A ll hours of work in excess of the 8 hours in the em ployee's regular work shift or in excess of the

40 hours in his basic workweek shall be paid for at not less than tim e and on e-h alf the employee's

hourly rate. Employees requested to work 2 or 3 continuous shifts within a 24-hour period w ill be paid

at the overtime rate for all time in excess of 8 hours. (19)

A few agreements granted overtime compensation for work performed on

Saturday, Sunday (or the 6th and 7th day of the workweek), and for work outside

of regularly scheduled hours:

A ll hours of work performed on Saturday or Sunday (or days corresponding to Saturday and Sunday) . . .

shall be paid for at the appropriate overtime rate. (20)

* * *

Overtime shall be paid for work performed in excess of 8 hours per day, for work performed after

1700 and before 0800, Monday through Friday, and for work performed on Saturdays, Sundays, and

holidays. (21)

. . . It is further understood that if an employee is directed by the employer to report at a designated location at a specified tim e prior to the scheduled start o f his shift, such tim e w ill be considered compensable in accordance with applicable pay regulations. (9)

About 15 percent of the agreements provided for "callback pay" guarantees, which apply when management requests employees to report outside of

regularly scheduled hours, or on an offday, or after they have completed their

regular day’s work and have left the place of employment. Callbacks were to

be paid for at premium rates, usually for a minimum of 2 hours.

Any employee who is "called back" to perform unscheduled overtime work either on a regular workday after he has completed his regular schedule of work and left the bureau or on a day outside his

basic workweek, w ill be paid a minimum of 2 hours of pay at the overtime rate even if his services

cannot be utilized after he reports to work. (22)

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Employees called in on emergencies occurring outside their regular work hours shall be granted 2 hours

minimum pay at the applicable established overtime rate. (23)

* * >!<

When watches are broken and licensed engine officers are called back or called out between 1700 and

0800, Monday through Friday, for the purpose of taking on fuel, shifting ship, or making repairs,

they shall be paid a minimum of 2 hours overtime for each call. If they are called back or called

out to perform such work at any tim e on Saturdays, Sundays, and holidays they shall be paid a m inimum of 4 hours overtime for each call. The minimum allowances in this provision shall not apply

when the ship performs lighterage, towage, or shuttle service within the harbor limits of a port . . . (21)

In a few agreements, the amount of the minimum guarantee differed,

depending on whether the employee was called back during or outside his regular workweek.

If necessary to utilize an employee outside of his basic workweek the employer agrees to schedule at

least 4 hours of work for which the employee will receive pay at the applicable overtime rate.

An employee will be paid a minimum of 2 hours' pay at the applicable overtime rate if he is called

back on unscheduled overtime work within his basic workweek. (24)

Approximately the same proportion of agreements assured employees a

full day's pay if, after reporting to work, they were dismissed for reasons beyond their control, such as power or machinery breakdowns, fire, inclement

weather, or other emergencies. The term "administrative leave" means leave

paid for by the employer and not charged to the employee.

In the granting of administrative excused leave because of inclement weather, breakdown of equipment

or other administrative reasons, all employees affected who are scheduled to work or who report for

work and whose services are not specifically required during such situations shall be given administrative

excused leave for that portion of the work shift for which excused. (20)

* * *

When an employee in a duty status is relieved from duty by the employer during his regular shift hours

for reasons other than misconduct or physical inability to perform his duties, such as interruption or

suspension of operations, inclement weather, breakdown of equipment, or other emergencies or Acts of

God, he shall be excused for the balance of the workday without loss of pay or charge to leave, unless

assigned by the employer to other work. (25)

* >!' *

When administrative excused leave is granted due to inclement weather or other natural phenomena,

all eligible employees shall be entitled to be excused for the period of tim e authorized, except for

those employees as designated by the unit head to which the early dismissal and off duty closing

provisions do not apply. (24)

In the provision cited below, employees were assured 4 hours1 pay (or

work) for reporting on schedule, but 8 hours* pay if they worked more than

4 hours.

When an employee is relieved from duty by the employer during the first 4 hours of his regularly

scheduled 8-hour day, due to unscheduled interruption or suspension of operations, he shall be carried

on administrative leave for the balance of the 4 hours unless he is in the category such as temporary

employees not eligible for administrative leave per CPR. If the employee is relieved by the employer,

due to interruption or suspension of operations, after having been on duty more than 4 hours in his workday, he shall be carried on administrative leave for the balance of the shift unless not eligible. (26)

Although management retained the right to change scheduled working

hours, about one-fourth of the agreements required notice to, or consultation

with, the union before such changes were made. Where a specific notice period

was indicated, it ranged from 90 days to 24 hours, although most required

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3 days. In some cases, a schedule once established had to remain in effect for

a designated period. Mention was frequently made that notice requirements were

not to apply in emergency situations.

Virtually all of the notice provisions were in contracts for employees

in wage board or mixed units, predominantly in Navy installations.

Hours of work for each regular work shift are promulgated by the employer and any changes thereto

will be discussed in advance with the council. (27)

* *

Pursuant to NCPI /TRavy Civilian Personnel Instruction^ 610, employees'work schedules shall be m aintained as stable as practicable and employees will be given advance notice of change in their work

schedules in order that they may make such advance plans for use of their nonworktime as they may

desire. (28)

* * *

Whenever a change in the workdays or workweeks currently in effect is contemplated involving a

majority of the employees in an affected area of work, the employer agrees that he will consult with

the employees concerned and the employee organization, prior to making such change. If a change

is made, except in emergencies, 3 days' advance notice will be given the affected employees. (29)

* * *

When a two-shift operation is scheduled, at least 48 hours notice (unless emergency conditions exist

necessitating deviation) will be given to the affected employee . . .

No second or third shift will normally be established for any period of less than 2 full weeks unless

emergency conditions exist necessitating deviation. (30)

Under the terms of a few agreements, failure to observe the notice period permitted the employee to claim work on two shifts, as follows:

Changes in work schedules shall be posted 96 hours in advance. If an em ployee's schedule is changed

so that he is required to begin work on a revised schedule with less than 96 hours' notice in advance

of the new starting tim e, the employee may claim the right to work both the previously scheduled

shift and the revised scheduled shift on his first rescheduled duty day only. If any part of these

shifts runs concurrently, he will be paid for one shift only during the concurrent period. "Jacking"

schedules will not be permitted to avoid payment of overtime. (31)

A relatively small number of Federal activities require second or third

shift operations, and hence compensation for such work was found in only 25

agreements. About half (13) were in Navy installations, and the remainder in

other agencies. The amount of the shift differential was rarely specified; rather,

it was to be determined by area wage surveys (see p. 28, ff. ).

A ll employees working during the hours of the second and third shift shall receive a premium which

is determined in accordance with the Arm y-Air Force Wage Board Schedule and C ivil Service policy

and procedures for shift differentials. (26)

* * #

A ll employees working on second and third shift assignments shall receive the applicable shift differential determined in accordance with NCPI 610. 5 -2 . (24)

* afle *

Employees regularly assigned to a second or third shift w ill receive the applicable shift differential,

as determined by the agency's pay policies and procedures. The currently authorized differential

applicable to both such shifts is 10 percent of the appropriate basic hourly rate. (25)

* e

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Employees subject to this agreement who are assigned to regular scheduled tour o f duty at night

shall be paid a differential of $ 0 .1 2 additional per hour for work on shift number 1 (12 midnight

to 8 a. m . ) and a differential of $0. 08 additional per hour for work on shift number 3 (4 p. m . to

12 midnight). (32)

Holiday Pay. One in every five agreements contained references to

holidays or work on holidays. Frequently, the clause simply affirmed existing

policies regarding observances and pay practices.

It is further agreed that legal national holidays will normally be observed as provided by law and

pay for service, if required, will be consistent with law and existing regulations. (33)

* * *

Eligible employees shall be entitled to observe all holidays in accordance with applicable law,

regulation and Air Force policy.

Holidays falling on an employee's nonworkday w ill be observed on the preceding or succeeding day,

as prescribed by current regulations.

Eligible employees shall receive the same rate of pay for not working on holidays as for other days

during which an ordinary day's work is performed. Employees working on a holiday shall be paid

overtime, holiday pay, and shift differential in accordance with applicable regulations.

The employer agrees that employees shall not be required to perform work on days designated as

holidays by statute or Executive order except when operating needs require. (34)

A number of Army and Navy agreements specified different rates of pay

for work on holidays falling during or outside an employee's workweek.

When no work is performed on the holiday, an employee w ill receive his regular rate of pay in

effect for that day. If the holiday falls within the regularly scheduled workweek and work is performed, he w ill be paid holiday premium pay. Holiday premium pay is twice the regular basic

rate and is applied in lieu of regular basic compensation for the hours worked. If the work is performed on a holiday, but outside the regularly scheduled 40-hour tour of duty, compensation will

be at standard overtime rates. (35)

In two other agreements, an employee forfeited holiday pay—

. . . if he fails to report for work on the holiday when ordered to do so unless the absence is excused on the basis of warranted circumstances. (36)

Working Conditions

The subjects discussed under this heading cover rest periods, washup

and/or cleanup time, and provisions for work clothing or protective equipment.

A variety of other working conditions, such as safety matters, training, contracting out, and so on are described separately.

Rest Periods. Provisions for rest periods were found in only nine agreements, five of which were negotiated by the Army. All agreements applied to

either mixed units or to wage board employees.

The clauses, as a rule, specified the number and scheduling of rest

periods and their duration (10—15 minutes). A few also referred to the revocation

of such privileges in case of abuse.

Each employee is entitled to a 15-minute rest period during the first and during the second half of

his work shift. (30)

* *

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Each employee shall normally be granted a 10-minute rest period during each 4 hours of continuous

duty. Rest periods may not under any circumstances be continuations of the lunch period, and they

may not be granted im m ediately after the beginning of the workday or im m ediately prior to quitting

time— nor shall they be accumulated. (1)

* * *

Full-tim e employees normally may be given a 10-minute rest period during each one-half work shift

of each day. Supervisors will make every effort to plan work so as to permit such rest periods.

Employees who are unable to take a rest break due to work conditions or by personal choice may not

lengthen lunch periods, other rest periods, start work later, or end a tour of duty earlier due to having

missed a rest period.

Any employee or group of employees who abuse the rest period policy may lose the privilege. (37)

Washup and/or Cleanup Provisions. Provisions dealing with washup

and/or cleanup time and related preparatory activities before lunch or the end

of the workday were found in 37 agreements for six Federal agencies, but Z out

of 3 covered naval facilities. With one exception, the employees were in mixed

or wage board units.

While some agreements referred to only one of the allowances, several

may have been intended to apply to both. The time allowed was frequently expressed as "reasonable” or "adequate. "

Adequate tim e, as determined by the employer, w ill be provided to employees as a part of their

work assignments, where necessary, to enable them, for personal hygiene, to remove toxic or hazardous

substances and/or to draw, turn in or put away tools, Government property and equipment in their

possession. (38)

sje >;< >|c

The employer will allow employees reasonable cleanup tim e prior to the end of each shift for the

purpose of returning tools, cleaning up work areas and machinery, and personal hygiene. (29)

* * *

It is agreed by the employer that reasonable tim e prior to the lunch period and at the end of the

workday will be permitted for cleanup purposes. No employee will be required to remain beyond

the end of the workday for this purpose. Reasonable tim e cannot be specifically defined to meet

all situations, but will be set by the supervisor as the needs of the situation demands. (39)

Special Clothing. Provisions for special clothing and/or equipment to

be furnished by the employer were included in 10 agreements. Two agreements

referred to maintenance and were not clear as to who was to provide the items

designated.

The employer agrees to bear the full expense for all special clothing and/or equipment that em ­

ployees may be required to use in connection with their assigned work. It is understood that safety

shoes must be obtained at the em ployee’ s expense. (9)

*

It is mutually understood that employees who normally work outside and those who ordinarily handle

material which could cause hand injuries are expected to dress appropriately for their jobs. However,

in the interest of safety and to provide for unusual circumstances, the employer w ill maintain six rain

suits in the material department, six rain suits in the fuel department, and a pool of work gloves.

These articles w ill be issued to employees on a temporary basis in exchange for signed receipts. (40)

>!« sjc s]c

Except for cooks’ caps, chef hats, aprons, jackets, and white fly-front trousers for steward's personnel

and arm bands for watchmen, MSTS will not launder, dryclean, or otherwise maintain any items of

uniform clothing. (41)

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Work by Supervisors

Under the terms of 19 agreements, supervisors were prohibited from

doing work normally performed by members of the bargaining unit, except in

emergency situations and under other specified circumstances. In a few instances,

this ban also encompassed military personnel and employees outside of the bargaining unit.

Clauses of this type were in effect in agreements negotiated by three

agencies, with Navy accounting for 13.

The employer agrees that, as a matter of general practice, supervisors (leadingmen and above) shall

not be assigned to perform the duties as outlined in job descriptions of unit employees except when

instructing or training employees, or in cases of emergencies, or when unforeseen production or

schedule difficulties dictate such assignments. (42)

* >;< >;<

Section 1. Supervisory employees shall be permitted to perform work on any job covered by this

agreement but only in the following types of situations:

(a) In emergencies when regular employees are not im m ediately available.

(b) In instruction and training of employees.

(c) In the performance of work in a skill level that is not im m ediately obtainable from among

the regular employees.

(d) In the performance of necessary work when production difficulties are encountered on the job.

Section 2. Provisions of section 1 of this provision shall not allow in any way a supervisor or em ­

ployee not covered by this agreement to deprive an employee covered by this agreement of his or her

employment or prevent an employee from working overtime. (43)

-!< * '!<

The employer agrees that work regularly and historically assigned to and performed by bargaining unit

employees covered by this agreement, w ill not be assigned to military personnel or to public works

center employees excluded from the bargaining unit. (16)

Subcontracting

Provisions for contracting out of work, included in nine wage board and

mixed unit agreements, required notice to or consultation with the union before

such actions were taken.

It is agreed and understood that when the work regularly and historically assigned to and performed

by employees under this agreement is assigned to another agency or to private employers or military

personnel, the employer w ill make every effort to give as much advance notice as possible to affected

employees and to the union. . . . (34)

In most cases, however, notice was only required where contracting out

of work would displace workers in the bargaining unit.

Whenever the employer proposes to contract out work normally performed by employees of the station

to the extent that such contracting out of work may result in a reduction or realignment of personnel,

the union will be advised. (44)

>!<

Employer agrees to notify the union in advance of all contracting actions which have a tendency

to displace career employees. Employer further agrees to minimize displacement action through

realignment, retraining, restricting in-hires, and to exert any other action necessary to retain career

employees. (17)

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Other agreements placed a restriction on the employer in that work could

only be farmed out if it was more economical to do so, or if it could not be done

locally. In such cases, presumably, the union could ask the employer to justify

his actions. Also, the parties agreed to discuss previous subcontracts, perhaps to

see if in the future such work could be assigned to workers in the bargaining unit.

It will be the policy of the employer that work normally performed by employees in the unit will not

be contracted out unless beyond the capacity or capability of the unit employees to perform or if

economic considerations dictate that such work be performed outside the unit. The employer agrees

that, upon request, he will consult with the union concerning work that has been previously performed

outside the unit. (45)

Safety Matters

Safety provisions were, at times, expressed in general policy statements,

pledging the parties to comply with all safety regulations, but more frequently

the agreement called for the establishment of a joint safety committee. In some

contracts, the union was to be notified of all accidents. Regulations to govern

work under hazardous conditions were specifically dealt with in several agreements. The various safety provisions were found in about one-third of the contracts studied, virtually all for employees in wage board or mixed units.

Policy Statements. In about 5 percent of the agreements, all but one

of the group covering employees engaged in printing or other reproduction operations, the only reference to safety matters was usually a general statement

pledging compliance with pertinent laws and regulations.

The commission will endeavor to comply with applicable laws and regulations relating to the safety

and health of employees and will take additional steps as may be necessary to make adequate provisions therefor.

Employees shall comply with the safety rules of the commission. (46)

* * >!<

The board will take appropriate steps to provide a safe and healthful working environment and will

pay the cost of such m edical examinations as may be required by it. Employees will comply with all

safety rules and regulations. (47)

* »!< *

The employer will make every reasonable effort to provide and maintain safe working conditions and

to comply with applicable Federal, State, and local laws and regulations relating to the safety and

health of employees. Each supervisor will take prompt and appropriate action to correct any unsafe

condition or action which is reported to or observed by him.

The union recognizes that observing safe work practices and wearing prescribed protective equipment is

primarily the responsibility of each employee. So that safe working conditions may be maintained,

the union agrees to encourage all employees to observe safe work practices and wear protective equipment prescribed by the employer while performing assignments, and to promptly correct or report to

the appropriate supervisor any unsafe conditions or acts. (48)

Safety Committee<, About 3 out of 10 agreements either established a

joint safety committee, permitted employee representation on existing safety committees, or provided for other types of labor-management meetings at which

safety problems would be discussed. Three-fourths of these provisions were in

agreements negotiated by Department of Defense agencies.

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Employee representation was determined in 1 of Z ways: (1) The employer designated a specified number of employees selected by the union, or

(2) the designation was the sole responsibility of the union.

The commanding officer's Accident Prevention Advisory Board shall have one member appointed by

the employer from among members of the unit. The union will submit to the employer for his

consideration the names of three employees recommended for appointment to the board. The em ­

ployer agrees to accept one of these names for appointment. The com mittee shall meet during

regular day shift hours with no loss of pay or leave to the committee member appointed from the

unit. (8)

* * *

The National Capital Regional Office and Local 1632 agree to form a joint com mittee which shall

be known as the Painters Safety Comm ittee with a membership of four members, two to be appointed

by Local 1632 and two by the National Capital Regional O ffice. This com mittee shall meet

monthly or as often as may be decided by the com mittee for the purpose of promoting maximum

efficiency with safety. (49)

Other clauses permitted the union to have representation on existing safety

bodies or provided for consultations with designated management representatives.

The agency and the employee organization agree that one member of the employee organization to be

chosen by the employee organization will be an active member of the Installation Safety Council. (50)

* * *

The council may designate an employee in the unit to serve as the council's representative on the

Supervisors' Safety Com m ittee, and on the Steering Comm ittee which develops the agenda for its

meetings. (9)

* * *

The employer agrees that the council may designate an employee representative to meet with the

safety officer without loss of pay or leave at scheduled intervals to consider safety problems and to

make recommendations to the employer. (20)

Many of th^ agreements stipulated that safety meetings would be held

during regular working hours and/or that employees attending such meetings

would suffer no loss of pay or leave.

. . . The com mittee shall meet monthly to consider safety problems and to made recommendations

to the chief, aircraft services base. Meetings shall be held without loss of pay or charges to leave

of com mittee members. (51)

A few agreements set a time limit for employee representatives serving

on safety committees.

The union may have representation on the following committees:

a. Shop safety committees— one member on each. . . .

b. Safety policy com m ittee— one member.

For each union membership on the above boards and committees, the union shall furnish the names

of at least three employees, one of whom w ill be selected by the employer to serve one term. No

union representative shall serve on the same board or committee for more than one consecutive

term. (44)

Only a few agreements touched on the operations and procedures of

committees.

In matters dealing with safety, fire prevention, and civil defense, the union shall be given representation on a com mittee organized for the purpose of safeguarding the employees' interest in these

areas. The chairman of this com m ittee shall be appointed by the safety officer. The committee

should meet at least once a month and submit a written report over the signature of the chairman

to the chief of the Payment Center, with a copy to the president of the union. (52)

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The corporation will be responsible for the creation of a safety committee who shall hear complaints

with respect to safety problems and maintain an active interest in all aspects of safety, the reduction

of accidents and the elimination of safety hazards. The safety committee will comprise the assistant

administrative officer, who shall be chairman, one representative from the Operations, Maintenance,

and Marine Divisions respectively, and a representative from the union. The com mittee may make

reports and recommendations, as it sees fit, to the administrative officer on any matter of which it

may take cognizance. (31)

Accident Reports. A small number of agreements, about 10 percent,

required notification to the union of accidents which involved members of the bargaining unit. In a few cases, the union had the right to request copies of accident

reports. All except two of the agreements with such clauses covered employees

in Navy and Army facilities.

The safety office will notify a designated member of the council of accidents involving serious injury

as soon as the extent of the injury is known. In addition, a copy of injury report Navexos 110

/Executive Office of the Secretary of the N av y/, available quarterly, will be forwarded to the

council. (24)

afle aje %

The safety officer will furnish the union a copy of the monthly summary of accident experience. (26)

'!< >!< *

A copy of accident reports involving employees who are union members shall be furnished union

officials upon request. (31)

Work Under Hazardous Conditions. A number of the foregoing agreements

extended the scope of the safety clause by stipulating that employees would not be

required to work under conditions detrimental to their health and safety.

No employee shall be required to perform repair work, on or about moving or operating machines;

nor shall any employee be required to work in areas where conditions exist detrimental to health

without the proper personnel protective equipment and other proper safety devices. (20)

* >;< *

No employee shall be required to work in areas where unsafe conditions exist. Safety officers designated by the FAA shall decide whether or not unsafe conditions exist. Nothing in this section shall

be applied or interpreted so as to require a condition, activity, or area to be declared unsafe based

upon the personal state of health or disabilities of an individual em ployee. (51)

A few agreements provided for an adequate number of workmen in certain

areas or jobs:

Whenever a plate printer has to work alone in a plate printing section, a second bureau employee

must be in the room at all times. (22)

Sj< *

No employee shall be required to work in tanks, mud drums, steam drums, or similar closed spaces

without a standby co-worker at access to the area to insure that access is not closed and that the

man working in such spaces can have help if required. (38)

Disabled Employees. Two agreements referred to the placement of handicapped employees. Both noted that in these cases retraining may be necessary.

The coordinator for employment of the handicapped shall maintain a continuing program for placement of handicapped employees who can perform needed work within their capacity, and who cannot

be utilized in their parent shops or departments. It is recognized that in some cases of this type a

brief period of job indoctrination may be required. (9)

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Leave Policies

Although leave policies are set forth in considerable detail in Federal

regulations, more than one-fourth of the agreements included provisions dealing

with various aspects of annual leave (vacations), primarily scheduling arrangements, and about one-fifth contained rules governing sick leave.

Annual Leave. A few agreements stressed the desirability of a vacation

period each year and urged employees to avail themselves of this right.

Liberal leave provisions have been made for all Federal employees. The purpose of annual leave

(vacation tim e) is to insure that all employees have an opportunity to rest and relax. Therefore,

it is agency policy that all employees w ill be encouraged to use 2 consecutive weeks for vacation

purposes each year . . . (37)

Most agreements, however, focused on resolving various scheduling

problems, particularly the following: Requesting of leave, establishing of schedules, resolving conflicts in dates, and scheduling of leave to meet work or emergency requirements.

Earned annual leave shall be granted to every employee for the period requested by the employee

except under written certification by said employee's immediate supervisor that annual leave by such

employee for the period requested would result in serious impairment to the district office's function,

setting forth the reasons thereof. The notice to the employee shall state the next nearest tim e in

which said employee may take the requested leave without serious impairment of office function.

Where practical, every employee shall request annual leave of more than 2 days at least 2 weeks

in advance of the anticipated leave period and when the anticipated leave period shall be for more

than 5 working days, when practical, the request shall be submitted 30 days in advance of the requested leave. When practical, leave w ill be approved or disapproved within 48 hours of the

request. (53)

'!< '!' *

The employer w ill schedule annual leave for vacation purposes for each eligible employee for the

year. The employee will make every effort to adhere to the schedule. In establishing a leave

schedule the employer will consult with each em ployee. Full consideration w ill be given each em ­

ployee's preferred vacation period. When it is necessary to restrict the number of employees granted

leave during a particular period, due consideration w ill be given to such factors as operating needs,

s k i l l s a v a i l a b i l i t y , a n d s e n i o r i t y , based on elapsed time since the employee's return from leave.

Where all other factors are judged to be substantially equal, the employee with greatest seniority

w ill be given preference for the desired vacation period. (34)

sfc $ >!<

Section 1. Employees shall be given an opportunity to use all annual leave accrued during the year.

Approval of an employee's request for annual leave w ill be granted when he has given his supervisor

reasonable notice to permit arrangements to be made for the staffing necessary to meet the work requirements of the operation. In the event the employee's request is for a day or days for which more

requests have been received than can be approved consistent with the work requirements, approvals

will be granted on the basis of the earliest requests received.

Section 2. The granting of summer and Christmas leave shall be determined by a drawing in each

plate printing section after employees in the unit have submitted in writing, their first and second

choice of dates that they desire, after appropriate period of time has elapsed since posting of notice.

Such drawings shall be conducted by supervisor and union representatives in each plate printing section.

Every reasonable effort w ill be made to adhere to leave scheduled in accordance with section 1 and

section 2. If, however, the employer cannot avoid cancelling previously approved leave because of

the program needs of the bureau, the reasons for such actions w ill be explained to the affected em ­

ployee or employees at the earliest possible tim e, and every effort will be made to reschedule leave

for such employees at another tim e most nearly suitable to their preference. (22)

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The following clause, in addition to covering various scheduling arrangements in considerable detail, also discusses the treatment of employees without

vacation credits during a temporary plant shutdown.

When annual leave is requested in advance, approval will be based upon the needs of the activity.

Employees are encouraged to schedule annual leave in advance which w ill minimize work interruption

by large numbers o f employees taking leave at the same time . . .

If for any reason the employer schedules a shutdown of the Naval Air Station, . . . every effort

w ill be made to provide work for employees not having annual leave to their credit. If work cannot

be provided to such employees, the employer agrees to advance annual leave to such employees holding

permanent status to cover the period of shutdown operation not to exceed the amount of leave the

employee would earn during the remainder of the leave year.

As requested by individual employees, the employer agrees to schedule approved annual leave for

vacation purposes of not less than 2 weeks' continuous duration on the basis of seniority (based on

service computation date) and job ratings in each shop and/or office. Only the first such 2-w eek

period o f annual leave taken by the employee during the current leave year w ill be granted on a

priority basis. Seniority list shall be com piled for such purposes and each employee in the order

of seniority shall select his vacation period o f not less than 2 weeks' duration. Once an employee

has made his selection, he shall not be permitted to change his selection thereby disturbing the

choice of another employee. The employee's supervisor may approve a change in selection provided another employee's choice is not disturbed. Priority for annual leave (for a 2-w eek period)

based on seniority w ill be recognized only when written request is submitted at least 60 calendar days

prior to the beginning of the leave. If for any reason the request cannot be granted, the employee

w ill be so notified at least 45 calendar days prior to effective date. Thereafter, the employer will

not cancel the leave except in emergency situations, and the employee w ill be required to take the

leave as scheduled unless modification or cancellation is agreeable to the employer. (20)

Safeguards against loss of leave were included in a few agreements.

Thus, leave was to be scheduled in such a way as to prevent forfeiture, or the

employee was to be notified of the amount credited to him.

Supervisors shall be responsible for scheduling and granting annual leave on an equitable basis with

due regard for the staffing needs o f the service and the welfare of employees. Care shall be exercised to assure that no employee is required to forfeit any part of his annual leave. (54)

* * *

Granting o f annual leave shall not be restricted to the extent that an employee forfeits earned leave

because o f the restrictions on the amount of annual leave which may be carried forward to the next

leave year. Employees shall be notified at least four times during the leave year the amount of

leave that must be used to avoid forfeiting leave. (8)

Sick Leave. Clauses relating to sick leave were of two general types.

One, not very frequent, stated directly that agency and Civil Service Commission

regulations would be observed. More often, however, clauses dealt with several

of the following aspects of sick leave policy: Reporting of absences, situations

in which medical certification would or would not be required, advancement of

leave, as well as efforts to eliminate abuse of leave.

Permanent employees with regular tours of duty shall earn sick leave in accordance with applicable

laws and regulations.

Notification of absence on account of sickness shall be given as soon as possible, usually within the

first hour of the work shift.

Unused sick leave shall be accumulated and available for future use in accordance with applicable

laws and regulations. (33)

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Employees shall earn sick leave in accordance with applicable Federal laws and regulations. Payment for sick leave taken shall be at the base rate of pay.

Notification of absence on account of sickness shall be given as soon as possible on the first day of

absence. If such notification is not made such absence may be regarded as absence without leave and

charged to leave without pay. An employee found to have abused the sick leave privilege, including

misrepresentation or falsification, shall be subject to disciplinary action.

Unused sick leave shall be accumulated and available for future use in accordance with applicable

laws and regulations. (55)

* * *

Employees shall earn sick leave in accordance with applicable statutes. Approval of sick leave shall

be granted to employees when they are incapacitated for the performance of their duties, and when

they have given notice within 2 hours after the start of the work shift, or later if a reasonable excuse is given to their immediate supervisor or some one who is delegated to receive such a report.

Sick leave shall be approved in advance for visits to doctors, dentists, practitioners, opticians, and

for the purpose of securing diagnostic examinations and X-rays. An appropriate certificate must be'

submitted to cover such absence approved in advance.

Employees shall not be required to furnish a doctors certificate to substantiate request for approval

of sick leave of 3 days continuous duration or less; except in cases where the employer has given

official written notice to an employee that he has an unsatisfactory sick leave record and must furnish a doctor’ s certificate for each absence from work which is claimed as sick leave.

The union recognizes the importance of sick leave and the obligation of the em ployee, as well as

the advantage to him, to utilize it only when incapacitated for the performance of duty by sickness,

injury, or other valid reasons. The union, therefore, agrees to support the employer in efforts to

eliminate unwarranted or improper use of sick leave.

Employees who, because of illness, are released from duty, shall not be required to furnish a medical

certificate to substantiate sick leave for the day released from duty. Such release by the m edical

office shall constitute the equivalent of the required notice to the employer in the event the em ­

ployee is unable to return to work on the following day or days. A doctors certificate will be required, however, for absence in excess of 3 full days in addition to the day on which the employee

was sent home.

Unearned sick leave shall be advanced to an employee with career or career-conditional status not

exceeding a total of 30 days on request for advancement of such unearned sick leave; provided,

there is reasonable reason to believe that the employee will return to work. Provided further, that

the em ployee’ s annual leave w ill be prorated until all sick leave is repaid; that such advanced sick

leave approval may be limited to increments of 5 days; that certification w ill be provided by the

employee from his physician as to the nature and seriousness of the illness and the probable date of

return to duty, and that the absence from duty must be for a period of five or more consecutive

workdays. Advanced sick leave w ill not be granted when it is not warranted. (22)

Civic Duties

Approximately 15 percent of the agreements contained clauses dealing

with jury duty and leave for voting, and slightly less than 5 percent discussed

charity drives among installation employees. As a rule, these agreements applied to workers in wage board units, frequently in Army and Navy installations.

Jury Duty. While all jury duty provisions made reference to present regulations on this subject, a number went into considerable detail on such administrative matters as proof of service, compensation, and availability for work

assignments.

In the event an employee performs jury duty or is required by law to qualify for jury duty, he w ill

be paid his regular rate of pay for the tim e necessary for absence from this work, in accordance with

the applicable statutes and regulations, and provided further that all eligibility and other requirements,

including disposition of court fees paid, have been fully complied with by the employee.

Service of an employee on jury duty . . . will not preclude his consideration for assignment to work

on premium paydays. (27)

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In the event an employee is subpoenaed for jury duty or witness for the Federal Government, the em ­

ployer w ill pay him at his basic rate for the tim e (not to exceed 8 hours per day) necessarily lost

from his normal work schedule for such purposes. The fee received by the employee will be delivered

to the disbursing officer. The employee w ill not be paid a fee for Federal jury service or as a Government witness in Federal Court except periods of nonduty tim e.

If an employee is subpoenaed for jury or witness service, he shall promptly notify his supervisor in

order that arrangements may be made for his absence from the activity.

The employee w ill present to the employer a signed jury service certification or other satisfactory

evidence of the time served on such duties. (26)

Voting Leave. Leave for registration and/or voting were similar in scope

to those cited below.

Employees scheduled to work on any election day who are eligible to vote in such election shall be

granted tim e for voting in accordance with applicable regulations, (35)

* * *

Excused absence will be given employees to vote in national, State, and local municipal elections

or referendums. In this connection, an employee living within the normal commuting distance of

3 5 -4 0 miles w ill be given absence as necessary to vote, without charge to leave, which w ill perm it him to report for work 3 hours after the polls open or leave work 3 hours before the polls close,

whichever requires the lesser amount of time off.

If the em ployee’s voting place is beyond normal commuting distance of 3 5 -4 0 miles and absentee

ballot is not permitted, he may be granted sufficient tim e off to vote. Allowable tim e w ill be

computed at the rate of 1 hour excused absence for each 30 miles in excess of normal commuting

distance so as to allow the employee to be at the polls up to 2 hours after the polls open or 2 hours

before the polls close whichever requires the lesser amount of tim e off.

The employee will be notified in writing whenever he cannot be released from work to vote because his absence w ill interfere seriously with operations.

For employees who vote in jurisdictions which require registration in person, excused tim e to register

w ill be granted on the same basis as for voting, except that no tim e shall be granted if registration

can be accomplished on a nonworkday. (51)

* >;< $

It is the policy of the Department of the Navy to encourage employees to exercise their right to

vote. Engineer officers desiring to register and vote in any election or referendum shall be excused

for that purpose under the following standards. As a general rule, where the polls are not open at

least 3 hours before or after an engineer officer’ s regular working hours, he shall be excused for

whatever amount of time w ill permit him to report for duty 3 hours after the polls open or to leave

3 hours before the polls close, whichever requires less excused tim e. An engineer officer whose

place of voting is beyond normal commuting distance and in a location where absentee ballots are

not permitted may be excused, not to exceed 1 day, for the necessary trip. T im e in excess of

1 day must be charged to leave, but COMSTSPAC /C om m ander, Military Sea Transportation Service,

Pacific Area/ shall observe a liberal leave policy for this purpose. For engineer officers who vote

in jurisdictions which require registration in person, excused tim e to register may be granted on

substantially the same basis as for voting, except that no tim e shall be granted if registration can

be accomplished on a nonworkday and the place of registration, is with reasonable 1-day, round-trip

travel distance of the engineer officer’s place of residence, (56)

Charity Drives. These clauses, found in seven agreements, emphasized

union cooperation and, at times, provided for a joint committee to publicize and

organize charity campaigns. Several stressed the voluntary nature of campaign

contributions.

The employer agrees that the principle of voluntary donating to annual approved fund raising cam ­

paigns shall be upheld. The council, in turn, agrees to support such campaigns. (9)

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The union agrees to support, enthusiastically, and to assist, if requested, in the solicitation of funds

for fund drives which are on the approved list in NCPI 5430. 3—la . It is further agreed that the union

will, upon request of the commanding officer, nominate at least one person to serve on the fund drive

com m ittee when and if such a com mittee is appointed by the commanding officer for recognized fund

drives. Employees so appointed, upon approval of their supervisor, w ill be excused from regular

work for all tim e spent in connection with fund drives. Publicity relative to fund drives will recognize unit participation in the drive. (8)

* * *

Voluntary contributions w ill be truly voluntary giving. Any practice that involves compulsion, coercion, or reprisal directed at the individual employee because of the size of his contribution or his

failure to contribute has no place in the Federal program. In addition, the contributor has the

privilege of disclosing or keeping his gift confidential by placing it in a plain white sealed envelope,

if he so desires.

It is understood that it is the policy of the Executive Branch of the U. S. Government to permit

appropriate agencies to solicit funds for charitable and other humanitarian purposes from Federal

employees at their places of employment. The worthwhile efforts of these agencies on behalf of

all citizens merit a generous voluntary contribution from employees.

It is agreed that AFGE Lodge 2250 recognizes the respect and high esteem with which the hospital

is regarded in the community . . . Recognizing this position, it is further agreed that hospital em ­

ployees have an individual responsibility, as citizens of the community and as employees of the

hospital, to assist in its improvement also.

The union agrees to publicize and take a positive attitude toward the fund drives and will inform

the members as to the reasons why management needs fair share giving in order to meet the established hospital goals. (4)

Craft Jurisdiction

Thirteen contracts, nine negotiated with Navy, provided means for handling jurisdictional disputes among craft unions. Most stated that in making assignments the employer would observe customary trade jurisdiction wherever

possible; changes would be discussed with the union.

The employer agrees, prior to implementation, to discuss with appropriate union officers any significant changes regarding basic and fundamental trade or craft jurisdiction, including major journeyman training programs. The employer further agrees to consider the views and recommendations of

the union in matters relating to trade or craft jurisdiction.

The employer agrees to notify and to meet with union officers to discuss trade jurisdiction with

respect to the introduction and application of new equipment, materials and processes of a significant

nature over which the union has jurisdiction. (2)

* * *

. . . Where custom, practice or tradition has established work boundaries between crafts or personnel

covered by this agreement, to which the various crafts agree and where such boundaries do not

create inefficiency, or additional work or assignments, or conflict with the maintenance of job

stability, the employees shall normally perform the work within the boundaries so established. In

emergencies, or in the absence of custom, agreements, awards, or understandings, management shall

assign the work to those employees who in its judgment are best qualified to perform the work. (57)

Several agreements negotiated by local Metal Trades Councils (MTC)

gave to their affiliates an opportunity to resolve jurisdictional problems among

themselves. While the employer agreed to be guided by agreements reached by

affiliates of the MTC, he retained the right to make work assignments in accordance with section 7 of the Executive order. These points are set forth in

considerable detail in the following agreement;

The matter of jurisdictional boundaries between and among crafts for the purpose of establishing a

claim to the work is recognized as an appropriate subject for determination by the various unions

affiliated with the council, and the council will advise the employer of agreements reached. The

employer agrees to be guided in the assignment of work by any mutual agreements between the

unions involved, but in accordance with section 7 of E. O. 10988, the employer retains the basic

right to assign work in the manner considered best to maintain the efficiency of Government operations.

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When because of workloads or other reasons, the employer proposes to issue significant job order

assignments contrary to trade lines previously accepted in the shipyard, then whenever practicable,

the council w ill be advised of the intended action and given an opportunity to express its views to

the employer.

It is agreed that in the event of a dispute over cognizance between employee crafts within the unit,

the council will make every effort within its power to bring the disputing crafts together, will provide them with all possible assistance, and will prevail upon them to reach an agreement that is

equitable to all concerned. In the process, the council agrees to consider management's position

if requested by the employer. The council will communicate to the employer any agreement reached

by the disputants and the employer will assign work in accordance with such agreement provided it

is consistent with the best interests of the Government. Nothing in the foregoing shall act to restrict

the accomplishment of work pending resolution of any dispute or to restrict the employer in his right

to assign work.

In case of new work of significant volume where, in the opinion of the employer, there is reasonable

doubt as to the respective jurisdictional claims of the crafts, it is agreed that the employer will,

whenever practicable, discuss the matter with the council before issuing job order assignments.

Reasonable tim e will be allowed council representatives to discuss trade assignments within the

bounds of the preceding sections. (58)

Wage Surveys

While the compensation of the greater proportion of Federal employees

is set forth in schedules in the Classification Act of 1949, as amended, the rates

of pay for more than 600, 000 employees (slightly less than one-third of total

Federal employment) are determined by various prevailing-rate wage board procedures. The wage board group is defined in the Classification Act as those

"employees in recognized trades or crafts, or other skilled mechanical crafts, or

in unskilled, semiskilled, or skilled manual-labor occupations, and other employees including foremen and supervisors in positions having trade, craft, or

laboring experience and knowledge as the paramount requirement ..." As to

pay policy, the act states only: "The compensation of such employees shall be

fixed and adjusted from time to time as nearly as is consistent with the public

interest in accordance with prevailing rates. " The methods of setting pay are

left to the administrative discretion of particular agencies, and differ in a number of details, but generally, rates are based on wage surveys conducted by

agency representatives or by the Bureau of Labor Statistics. 10 It should be noted

that an actual wage board is not involved in all cases. A number of agencies

set rates for blue-collar workers without boards or committees.

Matters relating to wage surveys were stipulated in 55 agreements covering approximately 71,000 workers for the following agencies:

Agency

Commerce----------------------------------

Air F o rce ----------------------------------

Army------------------------------------------

Navy------------------------------------------

Health, Education, and Welfare -

Interior--------------------------------------

Treasury ------------------------------------

Civil Aeronautics Board------------

Federal Aviation A gen cy -----------

Interstate Commerce Commission

Tariff Commission----------------------

Veterans Administration------------

Agreements Workers

2 180

1 1,430

8 7,129

30 58,315

1 1,200

2 249

1 250

1 11

2 119

1 20

1 7

5 2,067

10 For details on wage board operations, see "R ate Setting by the Arm y-Air Force W age Board," Monthly

Labor Review, October 1958, pp. 1107-1112, and J. Kenneth Mulligan, "T h e Federal Wage Board Program," Public

Personnel Review, Chicago, October 1958 and January 1959.

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Most of the preceding agreements granted the union the right to nominate

data collectors or observers in local wage surveys. A smaller number permitted the union to request that a new survey be made, and several dealt with

appeal rights after findings had been issued.

Survey Requests. The union1 s right to request a new wage survey was

established in 26 agreements, with one exception covering Defense agencies—

Navy, 20 contracts; Army, 4; and Air Force, 1. Ten agreements were negotiated

by Metal Trades Councils, four each by the International Association of Machinists

and Aerospace Workers and the American Federation of Government Employees,

and three by the International Brotherhood of Electrical Workers.

In its simplest form, found in a few agreements, the employer agreed

to forward union requests to higher authorities:

The employer agrees to forward via the Area Wage and Classification Office any wage survey request submitted by the union. (59)

>!« >;<

Whenever possible, the union shall be given notice of impending wage board surveys, or may request

that a survey be made by the Department in accordance with the HEW Personnel Guide. (52)

Typically, however, the union’ s request was to be accompanied by evidence that present scales were out of line with those paid to workers in similar

occupations in the locality.

It is agreed that the council has the right to request area full scale and wage change surveys to be

conducted when significant industry wage raises have taken place in the area, and that such request

and substantiating data shall be promptly forwarded via channels to OIR, Department of the Navy. (9)

>;< >\z >!<

The union shall have the right to request, via the commanding officer, full scale and wage change

wage surveys of the local wage survey area provided: (1) That the request is submitted in writing

and; (2) that the request contains substantiating evidence in a form that clearly establishes that

specifically identified private industry activities normally included in a local wage survey have

granted wage increases of specific amounts to specified numbers of employees occupying positions

of a type normally included in a local wage survey. It is agreed that such requests and substantiating

data shall be promptly forwarded via channels to appropriate higher authority in the Navy with

appropriate recommendations. (42)

One agreement limited the number of requests per contract year, as

follows:

The employer agrees to consider representations of the union for requesting special wage change

surveys for employees of the bargaining unit when the union can reasonably demonstrate that established rates or schedules are inconsistent with wages paid by comparable types of industry in the

locality area for comparable work. It is agreed that such requests shall not exceed one submission

during the contract year . . . (30)

Union Participation. Typically, union participation in wage surveys included one of the following or more: Notification of survey, observers on survey

committees, nomination of individuals to be data collectors, and the right to recommend the inclusion or exclusion of firms or jobs to be surveyed. Twentyeight of the fifty-two agreements with such provisions were negotiated by the

Navy Department, 7 by the Army, 5 by the Veterans Administration, and the

rest by 8 other Federal agencies.

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Agreements between the Navy and Metal Trades Councils usually covered the areas of union participation in considerable detail as in the following illustrations:

The employer agrees to advise the council of the receipt of official notification that preliminary

preparations are being made for the conduct of a full scale wage survey. Such notification to the

council w ill, insofar as practicable, be made within 5 working days after its receipt by the employer.

When notified of the tentative starting date of a wage survey, the council may submit a list of names

of employees in the unit for nomination as data collectors. It is agreed the employer will give

serious consideration to those employees on the list of names submitted by the council whose qualifications, in the judgment of the employer, meet the criteria outlined in NAVEXOS P—1417.

The employer agrees that one ungraded employee in the unit, selected from a list of three names

submitted by the council, shall be designated as the employer's observer on the Area Wage Survey

Com m ittee. The observer shall hold in the strictest confidence all wage data provided by private

firms during the survey.

The council may petition the Area Wage Survey Com m ittee orally or in writing for the addition and

deletion of industry firms to be surveyed, the addition and deletion of job ratings to be surveyed, and

the expansion and contraction of the area to be surveyed. (38)

* * *

It is agreed that the council may submit a list of employees' names to be considered by the em ­

ployer when he appoints his representative to the Area Wage Survey Com m ittee. The council agrees

that employees nominated by them to serve as the employer's representative on the com mittee shall

be responsible activity officials who possess administrative ability and a wide knowledge of Navy

occupations, wage administration practices, and industrial organizations. The council further agrees

to submit their nominations in sufficient time to permit the employer to appoint his representative

within the tim e limitations imposed by OIR. The council further recognizes that the employer will

consider further responsible activity officials than those nominated by the council.

It is agreed that the council w ill be notified on all details concerning the ordering of wage surveys

as promptly as they are released to the activity.

It is further agreed that the council may provide the employer with a list of names of unit em ­

ployees who m eet the criteria as outlined in NAVEXOS P—1417 for consideration by the employer

in selecting of data collectors. (24)

In agreements negotiated by the Department of the Army, the following

aspects of wage survey participation were generally covered:

. . . the union may designate one representative to attend the organization meeting of the locality

wage survey board; such attendance will be without loss of pay or charge to leave. The locality

wage survey board will give full consideration to information, requests, or recommendations (submitted by the union) concerning area boundaries, firm coverage, and augmentation of the key job

list. On other subjects, the union will be advised as to the proper method for obtaining consideration.

In response to the locality wage survey board's request for data collectors, the employer agrees to

include among the individuals he selects a representative number who have had experience in the

jobs for which data is being collected. Employees selected for this activity must m eet the qualification requirements for data collectors.

Upon completion of the survey the chairman of the locality wage survey board w ill, if requested,

consult with the union representative for the purpose of:

a. Reviewing the results of the survey so far as they are known. In this connection, the rates

of individual companies will not, under any circumstances, be revealed to other companies or to

employee groups.

b. Receiving any additional information or recommendations. (57)

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Illustrative of how non-Defense agencies have provided for the union’s

role in wage surveys are the following excerpts:

. . . the corporation will pay its wage board employees in accordance with wage rate schedules,

which are to be established annually through wage surveys, beginning on or about the first day of

September, conducted jointly by the corporation and the union based on rules of procedure mutually

agreed upon and issued in advance of the survey . . . (31)

* * *

At least 30 days prior to a scheduled VA locality wage rate survey, a meeting will be held for planning

purposes.

The union president and any two members he may select will be invited to m eet with the personnel

officer, his assistant and one other management representative.

These meetings will be for the purpose of determining the nature of a proposed survey, reviewing of

firm lists, and general planning of survey procedures.

The union may submit a list of recommended data collectors from which management agrees to select an appropriate number, provided they meet the qualification requirements as outlined in Program Guide G -4 , Wage Surveys.

Any data collectors . . . will serve as required by management and will represent management.

Even though recommended by the union, data collectors will be required to observe all rules of

conduct and procedures established for all data collectors. (37)

Appeals. The availability of an appeal was set forth in six agreements,

all negotiated by the Lithographers and Photoengravers International Union, in

cases where the union felt that the data had been compiled or collected incorrectly.

. . . Nothing in this agreement shall prevent appeal by the union to the Interdepartmental Lithographic Wage Board if the union feels there has been an error in compiling or in the collection of

the data . . . (47)

Personnel Actions

A variety of personnel policies which are spelled out in considerable

detail in Civil Service Commission and agency regulations v/ere also dealt with

in about one-fifth of the agreements, usually for employees in industrial activities. Provisions in this category include such employment aspects as promotions,

demotions, layoffs, job descriptions and ratings, discipline, and training, among

others. The agreements, as a rule, defined the uniords role when particular

personnel actions were contemplated or taken.

Promotions. Procedural matters to be observed in the selection of employees for promotion were found in 47 agreements for 10 agencies. Included in

this total were 29 Navy agreements, 6 for the Veterans Administration, and 5 for

the Department of the Army. All but four applied to wage board or mixed units.

Nearly all of these agreements provided for the posting of promotional

opportunities, frequently coupled with a statement that vacancies would, where

possible, be filled from within.

When the employer determines to fill a nonsupervisory position in the unit by promotion, notices of

a promotional opportunity will be posted on all official bulletin boards at least 10 calendar days

prior to the closing date for accepting applications for the position. Such notices shall either contain the minimum qualifications standards for appointment to such positions or an indication where

the minimum qualifications for appointment to such positions are available for review.

The employer agrees to promote from qualified eligibles within the activity. In no instance shall

positions be filled from outside recruitment as long as there are qualified eligibles employed within

the activity, provided demonstrably superior persons cannot be obtained by extending the area of

consideration. (45)

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It is the policy of the Department of the Army to fill vacant positions on the basis of merit and

fitness, and to afford m aximum opportunity for continuity of employment and optimum development

and utilization of employee skills. In the interest of creating a stable work force and providing

maximum opportunity for employee advancement, first consideration normally will be given to filling

vacant positions from within the activity work force . . .

The employer agrees to post on all official bulletin boards, notices of all vacancies to be filled by

promotions at least 5 days prior to filling same. Such notices shall clearly state the minimum

qualifications for appointment to such positions. (35)

Less frequently, the contract called for notice to the union of upcoming

promotions and/or permitted it to have observers on promotion boards.

The employer agrees to notify the shop stewards of all promotional opportunities, at least 10 days

prior to the closing date for filing application . . . (19)

>;< >;< >;<

The president of the union shall be notified at least 3 days in advance of meetings of the promotion

board. He may designate a unit member to serve as an observer of promotion board meetings.

The observer may not be chosen from divisions or services having candidates for the vacancy being

filled. (37)

* * *

The union may assign a representative to observe the procedures by which candidates are declared

eligible for selection for positions in the agency for which members of the exclusive unit may

be considered. (60)

Union membership on the rating panel was only rarely specified. In one

agreement, the composition and functions of the panel were described, in part,

in this manner:

There will be established a rating panel as follows:

1. Personnel technician to serve as chairman.

2. A representative from the junior management staff to be assigned on a prearranged rotating

basis.

3. The immediate supervisor of the vacant position.

4. A representative, or his alternate, designated by the union, to serve for 1 year.

It shall be the responsibility of this committee to review the information submitted to it by the

personnel office, which includes the confidential supervisory evaluations, and from it prepare the

final numerical rating for each eligible applicant. (61)

In addition to the points illustrated above, agreements for several agencies described at great length the operations of the promotion (merit staffing)

program, focusing on such aspects as eligibility, evaluation of qualifications,

operations of panels, selection, employee appeals, and the role of the union in

the course of the proceedings. These issues are perhaps treated most extensively in a supplementary agreement between the Department of Labor and

Lodge 12 of the AFGE, reproduced in whole in appendix C.

Seventeen agreements provided for a temporary promotion of an employee performing the duties of a higher rated job for a designated period, usually

exceeding 30 days. The bulk of these agreements applied to workers in Navy

installations and provided that:

Employees temporarily promoted to perform the duties of a higher paid position within the activity

shall receive the pay authorized for the position . . . (19)

In a Federal Aviation Agency agreement, the rule governing temporary

promotion read:

No employee shall be detailed to perform the duties of a vacant established position of higher grade

within the unit for any continuous period in excess of 60 days without considering him for a tem ­

porary promotion. If the em ployee’ s assignment to the vacant higher grade position is to be continued for an additional period of at least 30 but not more than 90 days, he shall be given a tem ­

porary promotion without competition in accordance with the Agency Merit Promotion Plan. (51)

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Demotions. Downgrading of an employee can result from a variety of

factors, such as layoffs, reclassification of the positions, and above all, disciplinary (adverse) actions. Thus, demotions as such are only rarely dealt with

in Federal agreements; instead, they are implicitly or explicitly encompassed

under the issues noted above. Provisions in two agreements which referred to

demotions are cited in their entirety below:

The employer agrees to observe applicable appeal rights of employees who are demoted and shall

in no case recommend the demotion o f an employee except for such cause as w ill promote the

efficiency of the service. (34)

* *

The employer agrees that cases of demotions which result from gradual changes in duties w ill be

made according to the seniority principles contained in the Reduction in Force Regulations except

where it can be shown how or why a specific individual must be demoted. It is also agreed that

arbitrary downgrade of positions to m eet fiscal limitations is prohibited. (17)

In about 5 percent of the contracts, an employee about to be laid off had

the option of asking for a demotion. He was, however, required to be able to

perform the duties of the lower rated job. In addition, the clause usually stipulated that the employee was to receive preference for "repromotion" to the job

previously held.

In the case of a demotion taken voluntarily in lieu of a reduction-in-force action, the employer

agrees to reinstate such employee to his former rating when a vacancy exists therein, provided the

position is not obligated to an employee o f higher retention standing.

In situations where an employee elects to take a demotion in lieu of a reduction-in-force action, the

employee must be qualified to perform the job duties of a lesser rated position. (35)

>;< *

In case of a demotion taken voluntarily in lieu of a reduction-in-force action, the employer shall

give reasonable consideration in returning such employee to his former rating in inverse order of the

reduction-in-force action when a vacancy occurs therein, before filling said position with any other

person. (62)

Reduction-in-Force. About 15 percent of the agreements, all for wage

board or mixed units, dealt with the role of the union in layoff (reduction-inforce or RIF) situations. As a rule, the contract provided for notice to the

union before the work force was curtailed.

It is agreed that the employer w ill inform the union of pending reductions-in-force as soon as possible

and that reductions-in-force shall be accomplished in accordance with statutory requirements and

Civil Service Commission rules and regulations. (8)

-!< >!<

The employer agrees that prior to the issuance of official notice to the employees involved in a

reduction-in-force action, the council shall be notified of the number of employees and competitive

levels to be affected, the date action is to be taken, and the reasons for the reduction-in-force.

The council will render its assistance in communicating to employees the reasons for the reductionin-force. (9)

In one agreement, notice was limited to layoffs of 25 employees or more.

Several contracts went beyond the notice requirement and permitted the

union to present its views prior to the reductions.

The council w ill be notified by the employer or his cognizant management officials of proposed

reductions-in-force and the council w ill be invited to discuss with and to present its views to the

employer for consideration prior to the implementation of reductions-in-force. (27)

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To avoid or minimize the layoff of employees, about one-third of the

agreements with RIF procedures called for the filling of vacant positions, transfers, attrition, and similar measures. For example, Navy agreements used

language such as the following:

The employer agrees that in order to minimize the impact of any reduction-in-force, existing vacancies

w ill be filled to the extent practicable through placement of qualified employees who might otherwise be affected by the reduction-in-force action. (9)

The employer agrees to make a reasonable effort to avoid or minimize a reduction-in-force by adjusting the work force through promotion, reassignment, or transfer of employees to available vacancies

for which they are qualified. (58)

Other agencies employed different phraseology to reach the same goal.

Before abolishing an encumbered position in the unit, the employer w ill consult with the union on

the necessity and timing of the actions and explore possible alternatives suggested in light of the

agency obligation to perform its mission by the most efficient and econom ical means. (25)

. . . Whenever possible, any reduction in personnel should be achieved by restricting recruitment

and promotions and by meeting ceiling limitations through normal attrition. Employees in surplus

positions should be reassigned as other positions become vacant . . . (17)

One agreement provided for a tripartite committee to advise the employer

in reduction-in-force situations.

It is further agreed that within 30 days of the effective date of this agreement, a tripartite committee

composed of one representative of the employer, one representative designated by the council, and

one representative (who shall act as chairman) mutually acceptable to both the employer and the council designee shall be established and said committee shall advise the employer concerning competitive

areas in the unit for reduction-in-force purposes or abolishment or transfer of functions. . . (24)

Nine agreements mentioned '’bumping1' or "retreat rights" of employees

reached for layoff. With minor variations, the agreements stated that these

rights "shall be governed by applicable statutes, Civil Service Commission regulations, and Department directives. " Similarly, existing regulations were to be

followed in rehiring laid—off employees:

Any career or career-conditional employee who is separated as a result of reduction-in-force shall

be placed on the reemployment priority list and such employees shall be given preference for reemployment in accordance with applicable regulations. (25)

* *

Any permanent status employee who is separated because of a reduction-in-force action shall be placed

on a reemployment priority list for 2 years if career and 1 year if career-conditional, subject to

eligibility requirements as established by regulations. Such employees shall be given preference in

rehire in the reverse order of their separation within their job rating. (30)

Job Descriptions and Ratings. The majority of white-collar positions

in the Federal Service are classified either in accordance with or consistent with

standards published by the Civil Service Commission, or consistent with keypositions defined by statute (postal field service). Blue-collar positions are

classified, or rated, in accordance with standards authorized by the employing

agency or department. These systems are designed to achieve equal pay for

substantially equal work. A job or position description is a formalized statement of duties and responsibilities contained in a single position or a group

of like positions. The primary purpose of a job description is for classification

and pay purposes, but it also serves as a tool for organizing work, and for

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informing prospective employees of their duties. An employee seeking a higher

grade or rating would initially claim that his actual duties are not accurately

reflected in his present job description.

About 10 percent of the agreements allowed the union, usually upon an

employeefs request, to assist and represent an employee who feels that his job

description does not properly describe his duties.

A ll employees in the unit, after the steward has taken the matter up with the first line supervisor, shall

be permitted to consult with the employer on an informal basis for the purpose of reviewing their job

descriptions or ratings for any alleged inequities. Such employees are entitled to council representation or assistance in discussing the above with the employer . . . (20)

* * *

A ll employees in the bargaining unit shall be freely and fully provided with adequate means of securing review of what they consider to be inequities in their existing grade or rating . . . Such

employees are entitled to union representation or assistance in discussing the above with the em ­

ployer; in reviewing and reading classification standards or Army rating definitions that pertain to their

position or rating . . . (26)

A few agreements elaborated on the above points by stipulating that the

employer was to furnish information on which the job description was based.

Upon request by the employee or his representative, the employer w ill produce data on rates and job

descriptions of any job questioned. The information w ill include how the rates were established, the

type of work to be performed, the skill required in relation to other rates, etc. If mutually agreed

that the descriptions are inaccurate, corrective action w ill be taken. (45)

Several Treasury agreements provided for an annual review of job descriptions; the employee, however, could seek a review at any time.

A joint review of job descriptions by supervisors and their subordinates will be made annually and it

is anticipated that inconsistencies which may exist w ill be brought to light at that tim e. At any tim e,

however, that an employee feels that there are inconsistencies between the duties he is required to

perform and the description for his position, he may discuss the matter with the supervisor or division

head. In this connection he may review classification standards and rating definitions pertaining to

his position or rating. Such employees are entitled to union representation or assistance in discussing

the above . . . (63)

At times, the union, acting on its own, was authorized to ask for a

change in job descriptions or rating.

The lodge may make representations and present supporting evidence to the employer regarding the

adequacy or equity o f position classification standards and the assignment of wage board grades. (43)

% >*< >:<

The employer agrees to advise the union concerning any change in job standards which affects the

pay level o f an upgraded rating. The union at any tim e may initiate a recommendation for change

in job standards for a particular category of positions. Appropriate representatives of the employer

and union w ill m eet to discuss the facts pertinent to the recommendations. Any formal recommendations o f this nature shall be submitted in writing and shall include full justification for the recom ­

mended change . . . (34)

Disciplinary Action. Disciplinary (adverse) actions against Federal employees can be taken for violations of designated laws, regulations, or generally

accepted standards of work or conduct, and can lead to demotion, suspension,

or dismissal. The procedures governing disciplinary cases are set forth in Civil

Service and agency regulations, stating in detail the reasons for which action

can be taken and the appeal rights available to affected employees.

A relatively small number of agreements, about one-fifth, dealt with the

role of the union in adverse action cases against members of the bargaining unit.

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One-half of the agreements with such provisions covered workers in Navy installations, the other half was distributed among 11 other agencies.

Generally, the union was to be notified when members of the bargaining

unit were subject to discipline.

The union w ill be advised when the employer proposes to take disciplinary action against an

em ployee. (44)

* * >!<

In all cases of proposed suspension, discharge, or other disciplinary action by the employer against any

employee covered by this agreement, the council shall be notified of such proposed action by the

employer at the same time as the employee is notified. (24)

In a few agreements, the union was to be notified only if the employee

affected requested a hearing. An illustrative clause of this type included the

following conditions:

Prior to receipt of a request for a hearing from the affected em ployee, the employer w ill hold any

information relative to a proposed disciplinary action such as suspension, demotion, or rem oval, to be

a privileged and private matter between the employer and the employee even though the employee

may divulge such information at his own discretion. When any employee of the unit requests such a

hearing, the employer agrees to notify the council at the same tim e the employee is notified of the

date set for the hearing. (58)

If the case involved certain confidential or personal matters, notice by the employer was waived.

The employer w ill notify the union of all disciplinary actions taken against an employee of the unit

as soon as possible after notification is given to the employee except in those cases where the action

taken is based on a purely confidential matter individual to the employee . . . (42)

. . . Labor Lodge 12 w ill be given information identifying the employee except in those cases agreed

to between management and the lodge. In cases where agreement to withhold information is not

reached, Labor Lodge 12 w ill be given the name of the em ployee, except when the matter is referred

to the Secretary of Labor and he . . . decides the individual should not be identified. Labor Lodge 12

agrees to respect the limitations requested by management on the use of information supplied to them

under this section. (10)

Several agreements left notification in such situations to the discretion of

the employee.

Any employee against whom formal adverse or disciplinary action is contemplated shall first be notified in writing of the reason for the contemplated action and the action to be taken. A copy of such

notification w ill be given to the representative of the union within 1 working day of such action unless

the employee has been charged with moral turpitude, in which event sufficient copies w ill be furnished

the employee so that he m ay, or may not, provide the union with a copy in accordance with his own

personal desires. (53)

In cases where the union acted as the employee’ s representative, it had

the right to be present during hearings and to introduce statements.

In the case o f violation of rules when disciplinary action may be proposed, the union shall automatically

have the right to be present throughout the disciplinary procedures. (45)

>:< >;< >:«

The council is entitled to have an observer at hearings conducted by the Hearing Advisory Committee

and the observer may make a statement for the record of the council's views concerning the case. The

statement shall be made at a tim e determined by the chairman of the Hearing Advisory Committee.

The council w ill com mit its observer at such hearings to treat information received concerning the

employee as privileged and private to the employee. (58)

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The employee organization shall have the right to be present as an observer at any personal presentation or formal hearing before a com mittee in the case of a . . . adverse action appeal. It shall

be the responsibility of the employer to notify the employee organization of the tim e and place of

each such personal presentation or hearing as soon as it is scheduled. Upon request o f the employee

involved, the employee organization shall have the right to consult with management officials at

any stage of a . . . proposed adverse action or appeal, and to represent the employee in any discussion, presentation, or hearing. The foregoing provisions may not be construed to preclude any

employee from designating a person other than a member of the employee organization to represent

him in a . . . adverse action. (64)

On the subject of discipline, several agreements stated that the employer would not take action against employees for alleged debts either when the

employee denied owing the debt or legal judgment had not been obtained.

The employer agrees that no personnel of the activity shall be assigned to perform work as a collection agent for debts allegedly due by an employee to any private individual or firm. No em ­

ployee shall have disciplinary action taken by the employer against him for failure to pay alleged

debts unless he admits his indebtedness or there is an appropriate civil court judgment rendered

against him. (35)

One agreement, however, listed several exceptions to this provision:

The employer further agrees that no employee shall be subject to disciplinary action by the em ­

ployer for an alleged nonpayment of debt unless it is for m edical, hospital bills, and/or State tax,

or is validated by an appropriate civil court judgment rendered against the affected em ployee. (45)

Disputes arising out of disciplinary cases were to be settled under appropriate personnel procedures. Only two agreements referred specifically to

the negotiated grievance and arbitration procedure, stating:

. . . Any such disciplinary /suspension, discharge, etc._/ action must be for just cause, and the em ­

ployee may exercise his rights under the grievance and arbitration procedures of the agreement. (20)

Apprenticeship and Training. About one-fifth of the agreements dealt

with various aspects of apprenticeship and/or training and retraining programs.

With few exceptions, agreements which referred to apprenticeship also discussed

general training activities. Programs of both types were almost wholly confined

to blue-collar workers, particularly in Navy installations.

Apprenticeship clauses were found in 11 agreements, all, of course,

negotiated by unions representing apprenticable crafts, such as the International

Association of Machinists and Aerospace Workers, the International Brotherhood

of Electrical Workers, and Metal Trades Councils. Changes in and other matters

relating to the programs were to be discussed with the union; several contracts

provided for union observers on apprenticeship committees.

The apprentice training program maintained by the employer shall m eet all standards established for

such programs by the Navy Department and the Bureau of Ships. The employer will consult with the

council prior to effecting any significant changes in the apprentice program relative to the trades

included or the content of training plans. The council may take up questions affecting the apprentice

program with the employer.

It is agreed that the membership of the Apprentice Training Subcommittee of the Shipyard Training

Committee shall include an employee in the unit designated by the council as its representative. (9)

Apprentice training programs w ill be provided as considered necessary by the employer. Such apprentice training shall be in keeping with the applicable regulations of higher authority, including

those specified in NCPI 410, and with the standards prescribed by appropriate naval authorities.

The employer agrees that the details of the apprentice training program will be discussed with the

council at its request. (27)

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In one agreement, the parties agreed to establish an apprenticeship training program, the details of which were to be spelled out at a later date. The

following factors were to guide the parties:

In order that an adequate supply of competent skilled craftsmen shall be available at all times, it

is agreed between the parties hereto that an apprenticeship program may be established by mutual

agreement between the project and the union. The terms of such apprenticeship program to be

mutually agreed upon and shall at least equal the standards recommended by the Federal Comm ittee

on Apprenticeship; it shall also meet or exceed the minimum standards required of apprenticeship programs registered with the Bureau of Apprenticeship and Training of the U. S. Department of Labor.

Apprentice rates of pay, conditions of employment, training, and other necessary functions in connection

therewith, shall be incorporated in a supplement to the agreement. (65)

Union membership, other than as observers, on apprenticeship committees was, where specified, confined to designated functions.

It is agreed that both the employer and the council will establish Apprentice Comm ittees of not less

than three nor more than five members each to maintain a cooperative interest in the apprentice training

program. The committees will meet jointly at appropriate times to consider suggestions or recom ­

mendations for the improvement of apprentice training but will not concern themselves with such

matters as trades apprenticed, number of apprentices called, or the selection of individuals to be

apprenticed. It is further agreed that the employer will maintain an apprentice program consistent

with the considerations and instructions of NCPI 410. 10. Apprenticeship programs shall m eet the

standards prescribed by the appropriate naval authorities. (58)

Forty-one agreements provided for training and retraining so as to qualify employees for new ratings and skills. While more than one-half of these

provisions were negotiated by the Department of the Navy, they were also found

in contracts for nine other agencies covering, with one exception, workers in

wage board and mixed units.

It was a characteristic of a number of these clauses that they stressed

the mutual benefits to be derived from such a program which they agreed to

develop jointly.

The employer and the union agree that the training and development of employees is mutually beneficial. By mutual agreement the employer and the union will meet and discuss the possible establishment of a formal training program covering any or all of the employees in the unit at an appropriate time in the future. (25)

* *

It is agreed that a training program shall be established in the unit for the purpose of improving

production, quality of personnel, and qualifying employees for higher level vacancies.

A Training Com m ittee consisting of one representative from the Personnel and Safety Division and

one representative from the Office of Cartography, and two representatives from the union shall be

established.

The committee shall m eet upon the request of either of the parties, or at least once every 2 months,

for the purpose of developing and maintaining a comprehensive training program.

The com m ittee's program shall be submitted to the Assistant Director for Cartography and the personnel officer for approval and implementation. (33)

Frequently, agreements referred to training needs for new positions,

particularly those arising out of technological change.

Whenever technological changes dictate that composite job ratings must be used which will utilize

the skills of more than one craft or trade, the employer will make every effort to train employees

affected for the new rating in question insofar as is practicable and consistent with applicable regulations, funds, and workload. (24)

* % *

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It is agreed that the employer will make a reasonable effort to reassign employees whose positions are

eliminated. It is agreed that the employer will make a reasonable effort to train employees where

necessary for reassignment, when positions are eliminated because of automation or adoption of laborsaving devices, provided cost of such training is not excessive and provided the employee has the

necessary aptitude as determined by the employer. (66)

* >!< *

When technological changes occur, the commission will take appropriate and practical steps, with

cooperation of the union, to train employees in the use of new machinery and equipment in order

that they may be able to properly assume new skills. (67)

The fact that training of employees for new jobs was to eliminate or

reduce the need for recruiting on the outside was specifically stated in several

Navy agreements.

When new ratings are established, management will endeavor to retrain interested, qualified unit

employees before resorting to outside recruiting. (68)

Training programs, a few agreements specified, were to be conducted

during duty hours, at no expense to the employee.

At the discretion of the employer, on-the-job training required by the employer, as distinguished

from training for which the employee voluntarily applies, shall be accomplished on the employer's

tim e. (38)

* * *

Consistent with managements' needs, and considering the individual worker's interest, capabilities

and experience, and considering employee potential for future promotion beyond the next promotion,

management will provide for ascension training using the "job training" procedure. Job training will

be given in-house on equipment, procedures, and techniques required in actual production. Generally

training w ill be under the direction of skilled journeymen or personnel of a higher grade or under

supervisors. (36)

At the same time, training furnished by the employer did not relieve the

employee of his obligation to strive toward self-improvement. The union agreed

to stress this point to its members.

The employer and the council recognize that each . employee is responsible for applying reasonable

effort, tim e, and initiative to keep abreast of the changing technology of his occupation. The council

therefore agrees to encourage employees to take advantage of training and educational opportunities

which will add to the skills and qualifications needed by them for advancement, or as prerequisites

for further training provided by the employer in their occupational fields. (9)

* * *

The union agrees to stress to the employees the need for self-developm ent and training to increase

efficiency and output. (59)

Recruiting. Thirteen agreements, 6 negotiated by several seagoing

and 7 by printing-trades unions, provided, in a qualified way, for union participation in hiring. As typically stipulated, the union could refer applicants for

employment or was to serve as a recruiting source. The right of final selection remained with the employer.

. . . /The employer/7, by his representatives, may make known to the union the nature and extent

of current recruiting efforts and shall include the union in invitations to refer applicants for

employment. (69)

* * *

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MEBA will be used as a recruiting source for qualified engineer officers. In this connection, MEBA

will be furnished information by /e m p lo y e ^ concerning engineer officer recruitment needs by means

of telephone calls or recruitment announcements that contain the engineer officer positions for which

applications are being accepted for consideration. MEBA members who desire to apply may then do

so and will be accorded full consideration with other eligible applicants . . . The right of selection

or nonselection of an engineer officer from among eligible applicants regardless of the source rests

solely with ^em ployer/. (70)

* >!< *

When the normal recruiting procedures for filling vacancies are nonproductive, the employer agrees

to contact the union for referral of qualified candidates. The union recognizes that such qualified

candidates referred for consideration must be processed through the appropriate channels and procedures

of the Civil Service Commission. (48)

* * *

Appointments to positions in the unit shall be made in accordance with the C ivil Service A ct, rules

and regulations, on the basis of merit and ability. The board w ill consider any applicants submitted

by the union in developing lists of eligibles to supplement C ivil Service registers. (47)

Union Activities

Approximately three-fifths of the agreements touched on one aspect or

more of union activities, ranging from time for meetings to activities of stewards

and check-off of dues. While a large number of these agreements were negotiated by the Department of the Navy, a considerable proportion were in effect

in other agencies, notably Army, Air Force, Interior, and Veterans Administration. In terms of employee coverage, wage board units predominated, followed

by units of mixed composition.

Union Affairs and Meetings. About 30 percent of the agreements restated, in various forms, section 9 of the Executive order which provides, in

part, that the "solicitation of memberships, dues, or other internal employee

organization business shall be conducted during the nonduty hours of the employees concerned. "

Representatives of Lodge 1884 w ill be afforded opportunities to solicit membership among PVFO em ­

ployees, but such solicitation, collection of dues, or other internal business of Lodge 1884 may not

occur during working hours . . . (71)

* * *

. . . In no event may solicitation of memberships, collection of dues or other internal union business

be conducted on official tim e. Official tim e does not include the luncheon periods. (72)

* * *

. . . It is agreed that tim e off from work granted to stewards or other council representatives shall

not be used for discussion of any matters connected with the internal management or operations of

the council or any other employee organization; the collection of dues, assessments, or other funds;

the solicitation of memberships; campaigning for elective office; . . . ^or/ the distribution of

literature or authorization cards . . . (9)

Membership meetings were also to be held during off-duty hours, but

facilities were made available by the employer, as stipulated in slightly more

than 15 percent of the agreements.

At the request of the lodge, and subject to availability and to safety and security regulations, space

w ill be made available for meetings of the lodge during nonduty hours of the employees involved.

Such space w ill be maintained without damage and restored to a reasonable state of good order by

the lodge after use. (73)

* * *

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Facilities of the shipyard, including utilities, will be made available, where practicable, for meetings

of the council outside regular working hours. The council agrees to leave the facilities in a clean

and sanitary condition. (6)

41

* * *

The employer agrees that the union may use available conference rooms or other suitable areas on

the depot for the purpose of holding meetings. The union agrees that such facilities shall be used

only during nonduty hours. The union shall arrange for use of the rooms or areas with the appropriate management official, and shall conform to all fire protection and security requirements. V io ­

lation of fire or security regulations shall automatically terminate this privilege accorded the

union. (74)

Publicity. Under the terms of 95 agreements, the union was granted

the right to publicize meetings, elections, membership drives, social affairs, etc.,

on installation bulletin boards or, less frequently, in installation newspapers.

Generally, material had to be cleared by agency officials before posting and could

not contain anything considered ’'propaganda11 or derogatory of Federal officials

or policies.

The union is authorized to post notices on unofficial bulletin boards. The number and location of

such boards shall be determined by the management official concerned. Union notices will be

screened by the industrial relations officer prior to posting. Notices containing propaganda against

or attacks upon agencies, individuals or activities of the Federal Government, or involving political

issues, will not be approved for posting. A copy of this agreement shall be posted on each official

bulletin board in those working areas where employees subject to this agreement are employed. (75)

* >!< *

The employer agrees to provide space on unofficial bulletin boards wherever located in shops and

offices for the posting of union notices and similar informational material. A ll material shall be

subject to screening and approval of the employer before posting. The union agrees that no material

casting an adverse reflection on the conduct, integrity, or motives of any official, agency, or activity of the Federal Government shall be distributed in any manner to employees in the unit. (25)

In other agreements, the screening requirement was waived for announcements of routine union activities or if the union agreed to adhere to the

”no propaganda" rule.

Space on appropriate bulletin boards will be made available to the lodge for posting official lodge

information. The lodge will obtain prior approval of the content of articles posted on the bulletin

boards except notices of meetings, the names of lodge representatives, social events, and AFGE

bulletins. (76)

* * *

Space on bulletin boards will be made available to the lodge for pasting official lodge information.

Prior approval of the content and the specific details for the posting will not be required, but the

lodge agrees that such literature will not contain propaganda against or attacks upon any agency,

individual, or activity of the Federal Government.

Any lodge material posted will be signed by a duly authorized representative of the lodge. A ll costs

involved in the preparation of lodge material will be borne by the lodge. (43)

Less frequently, the union was also allowed space in the installation newspaper to publicize its activities, usually under the same conditions as applied to

use of the bulletin boards.

The employer agrees that the union shall be permitted to use bulletin boards throughout the installation

for posting official union bulletins. A ll costs incident to reproduction, preparation and distribution of

such material shall be borne by the union.

The union agrees that material relating to partisan political matters, or material which reflects

discreditably upon the integrity or motives of any individual, another employee organization, or upon

the Federal Government, shall not be posted.

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The union agrees that all material shall be submitted to the employer prior to posting. Excepted

from this requirement are notices of union meetings and notices of union elections. The union

further agrees that material shall be of current nature only, and shall occupy only a reasonable

amount of space.

The employer agrees to publish notices of union meetings in the daily bulletin, not to exceed three

for any one notice. The union agrees to submit notices in such form as to obviate any editing by

the employer. Items submitted will be reviewed by the employer, and those not suitable for publication w ill be returned with a note stating the reasons for nonacceptance. (74)

* * £

Space will be provided the union on bulletin boards and in the Depot's newspaper, "Soundings, "

provided that all material is submitted to the employer in advance for review and approval. (40)

Stewards and Representatives. About three-fifths of the agreements

(124) defined, at least in some measure, the rights and duties of employees who

functioned as union stewards, committeemen, representatives, or officers.11

Provisions were found in agreements negotiated by all except four agencies and by

19 of the 29 unions accounted for in this study. More than 90 percent of these

agreements pertained to employees in wage board or mixed units. Marked differences among agencies and unions were noted in the treatment of such details

as the number of stewards, time allowed for designated activities, protection

against discrimination, and assignment limitations. In its briefest form, these

clauses in their entirety read as follows:

The union shall be authorized to appoint one steward and an alternate for each shift. The agency

w ill be advised of the names of the employees appointed. (60)

* * *

The area director agrees that to enable the officers and representatives of the council to discharge

their obligations and responsibilities under this agreement they shall be permitted to m eet and discuss matters pertaining to this agreement with area officials and supervisors during working hours, and

to process grievances, without taking leave or leave without pay . . . (77)

* * *

When specifically requested by an employee, an officer of the union may be authorized to leave his

work area without loss of pay, to discuss a specific employee grievance or complaint. Total tim e

lost from the job w ill be kept to a minimum and permission denied when tim e lost becomes excessive. Permission w ill otherwise be granted in the absence of compelling circumstances. Normally,

arrangements w ill be made for the employee and union officer to meet during the lunch period. (11)

More often, however, the agreements stipulated the rules governing

stewards’ activities in greater detail, particularly the number of employees who

were to function in this capacity and the time allowed for such duties without

loss of pay. Typically, a particular number or time limit was not specified;

rather, the agreements used terms such as "reasonable" or "not excessive. "

For example:

The employer agrees to recognize a reasonable number of shop stewards or craft com m itteem en

(hereinafter referred to as council representatives . . . ) duly authorized by the council as the representatives of a particular area or craft on appropriate matters or grievances arising within that area

or craft. The council shall supply the employer in writing and shall maintain with the employer

on a current basis, a complete list of all authorized council representatives together with the designation of the area or craft each is authorized to represent.

11 W hile a few agreements referred to these categories of union officials separately, in most cases they were

either treated alike or the terms were used interchangeably by different agencies. Hence, the provisions concerning

these officials have been combined in this report.

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Reasonable tim e during working hours ("tim e allow ed") will be allowed council representatives for

attendance at meetings with the employer. Reasonable tim e w ill also be allowed for representatives

to discuss with employees grievances and appropriate matters directly related to the work situations

in their area or craft. Council representatives w ill guard against the use of excessive tim e in the

handling of such matters. (58)

* * *

Labor Lodge 12 stewards shall be designated by Labor Lodge 12 and shall be recognized as employee

representatives for employees in the subdivision in which they are designated to be stewards. The

union will supply the Department with their names, which shall be posted on appropriate bulletin

boards . . .

Stewards shall not use their offices for matters outside the scope of this agreement. They shall conduct their business with dispatch. (10)

Where the number of stewards or other officials were designated, the

provision was set forth in a number of ways. Some agreements set a maximum

number; others referred to the number for particular shops, areas, districts,

etc. , or established ratios of stewards to employees in the unit.

The National Capital Regional Office recognizes the right of Local 1632 to designate job stewards

and alternates. The number of job stewards so designated shall not exceed two, plus an equal number of alternates . . . (49)

* * *

The employer recognizes the right of the AFGE to appoint four shop stewards within the unit to carry

out the responsibilities of the AFGE in representing the employees . . . A complete definition of

their zone of responsibility and the employees whom they are designated to represent will be set

forth . . . (78)

* * *

. . . A ll work areas of the unit will be divided into districts by mutual agreement between the em ­

ployer and the union. Districts as agreed upon shall be recorded as appendix " A " hereto. One steward

w ill be assigned to each district and that steward's activities will be restricted to his district and he

shall represent only those employees assigned to his district . . .

The employer agrees to recognize seven zone com m itteem en designated by the union. Five zone

com m itteem en are to be assigned to zones mutually agreed upon and recorded in appendix "A " hereto

within the Overhaul and Repair Department, and there shall be one zone com mitteeman each for the

Supply Department and Public Works Department. (42)

?j< >je *

. . . The number of stewards, including chief stewards, designated shall not exceed the ratio of 1

to every 100 nonsupervisory employees, or major fraction thereof, in the ungraded unit on each norm ally scheduled shift, except in the case where this ratio provides less than one shop steward per

shop group, the council may designate additional shop stewards in excess of the above ratio to a

m aximum of one shop steward for each shop group where a normally scheduled shift is worked. (6)

Some agreements which designated the number of stewards also listed

the amount of time they could normally spend on such duties.

It is agreed and understood that a total of nine shop stewards, and two alternate shop stewards will

be appointed by AFGE Lodge 1539 . . .

Stewards w ill be permitted to leave their normal work areas to perform duties . . . only with permission of their supervisor. Supervisors w ill permit stewards not to exceed 3 hours per pay period

to carry out appropriate steward duties. Should more tim e be required by a steward, he will consult

with his supervisor and division or service chief. This permission will be granted in the absence of

com pelling reasons which require the em ployee's presence at the tasks he is then performing. (79)

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. . . one member of the unit shall be designated by the employee organization to perform shop steward duties . . . This shop steward shall be allowed a reasonable amount of tim e to perform the shop

steward duties, but in any event not to exceed 4 hours per month . . . (80)

Many agreements required union representatives to comply with various

plant rules before engaging in authorized activities. Usually, permission of the

supervisor was to be obtained before leaving the work area and to report to him

upon returning to work. At times, permission of the supervisor of the department entered was also necessary.

. . . It is understood that, permission of the im mediate supervisor w ill be obtained for such absence

from normal work and that such permission w ill normally be granted in the absence of com pelling

circumstances. (81)

* * #

Union representatives, when leaving their work area, shall first obtain permission and the required

pass from their immediate supervisor in accordance with Bureau regulations governing employee

movement within the buildings. Permission shall also be obtained from the immediate supervisor

of any employee being contacted. The representatives will report their return to work to their

supervisor . . . (2)

A small number of agreements stressed that stewards or other representatives would not suffer discrimination or be restrained in any way in carrying

out agreed upon duties.

. . . There shall be no restraint, interference, coercion, or discrimination against the representatives

because of the performance of such duties . . . (82)

* * *

It is understood that all persons (including supervisors and stewards, but not limited thereto) involved

in employee-supervisor relations w ill assert themselves in a temperate and gentlemanly manner in

their mutual dealings and w ill \ssume responsibility for conforming to appropriate standards of personal conduct. The employer agrees that chief stewards, stewards, council officers, and representatives

w ill not be discriminated or retaliated against or transferred from one work shift or shop to another

due solely to legitim ate employee organization activities permitted under the provisions of applicable

NCPI's or this agreement. (9)

A limitation on transfers of union officials, as illustrated above, was a

characteristic of a number of Navy contracts. Should a change in work or shift

have become necessary, the union was to be notified in advance, except where an

emergency situation ruled this out.

Under normal circumstances the employer agrees that no member of the council conference com mittee

or designated overall chairman of the shop stewards or craft com m itteem en will be transferred from

one work shift or shop to another. When such transfers are necessary the employer w ill give prior

notification to the council if possible. (58)

* # *

In the event it becomes necessary to transfer an authorized shop steward from one shift to another,

the employer agrees to give a 3 -day notice to the union prior to the effective date of transfer. It

is further agreed that the above procedure shall apply to the transfer of shop stewards from one cost

center to another, except that a 5 -day notice must be given to the union. (83)

Visitation Rights. The right of nonemployee union officials to visit the

installation to engage in union activities, participate in meetings with management, or to discharge undefined ’’responsibilities under the agreement” was set

forth in 59 agreements, largely those covering Navy (33) and Army (1Z) facilities.

Provisions of this type were present in virtually all agreements negotiated by

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unions of seagoing employees and local metal trades councils. Reference was usually made to the necessity of visitors complying with existing security regulations.

. . . During nonoperational periods and by prior arrangement, union representatives may visit em ­

ployees aboard vessels covered by this agreement for the purpose of discussing union business and

affairs. (84)

sj« >;< $

The employer agrees to arrange for the prompt admittance to the station of authorized representatives

of the council and its affiliated unions, upon approval of request to visit, in carrying out permissible

functions within the scope of their responsibilities. A ll such visits shall be governed by national

security regulations. (20)

* * *

Representatives of the union who are not employees may participate, by prior arrangement, in meetings

with management representatives. Subject to obtaining prior permission from COMSTSGULF, or his

designated representative, as required by CMPI 7 2 1 .2 -1 0 g , such union officials may visit union

ship representatives aboard ship for the purpose of preparing agenda items to be discussed with

COMSTSGULF. (85)

sje >\< sje

The project agrees that to enable the union to m eet and discharge its obligations and responsibilities

under this agreement, authorized representatives shall be permitted to visit the project and places of

work of the project during working hours, provided that in restricted areas they shall be accompanied

by a bureau representative.

Authorized union representatives shall confine their activities during such hours to matters relating to

this agreement, and will first make their presence known to the project representative. (65)

One agreement dealt specifically with visitation rights during hazardous

operations, and established the following conditions:

Authorized representatives of the association will be permitted to go aboard floating plant covered

by the agreement upon request to the master of the vessel, when the plant is in port or not operating.

Normally, association representatives w ill not be permitted to board floating plant while in operation.

However, when there are mitigating circumstances an association representative may request permission to go aboard the floating plant while it is operating. Such a request will be submitted in

writing to the district engineer at least 24 hours in advance of the time it is desired to board the

vessel. The district engineer w ill consider the circumstances involved and w ill notify the association

representative of his decision in writing. The district assumes no obligation to transport association

representatives to and from vessels while in operation.

The association shall take out insurance which w ill protect the Government against any claim s, loss

of life, or injury occurring to a representative of the association while on the property or while on

board a vessel of the district. (86)

Union Leave. A leave of absence with or without pay to attend union

meetings or conventions, to hold full-time union office, or to accept other union

assignments was available to members under more than one-fourth of the agreements studied. As a rule, however, such leave was contingent upon work requirements at the activity, as determined by the employer. Navy agreements,

which accounted for the majority of these provisions, often read as follows:

Employees m ay, at the discretion of the employer, be granted leaves of absence without pay in

accordance with applicable statutes and regulations, including those contained in NCPI 6 3 0 .8 .

The employer agrees to give consideration to council officers' and representatives' requests for leave

with pay or leave without pay in accordance with applicable regulations to attend outside conferences,

conventions, or other special meetings. (27)

* * >!<

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Written notice to the employer by the union of election or appointment of employees in the unit to

a union office or as a delegate to a union activity w ill be accepted as a justification for leaves of

absence unless there are compelling circumstances to the contrary. Should the application for leave

of absence be disapproved, the employer agrees to notify the union, in writing, of the reasons

therefor. (45)

Where the period of leave was indicated, it was, in accordance with

agency regulations, for 1 year.

Any member of the unit elected or appointed to a national office in the union shall be given leave

without pay upon application. In the event the employee so elected or appointed occupies a position

which could not be satisfactorily filled on a temporary appointment basis, management may deny

the requested leave without pay. Leave without pay for the above purpose will not exceed 1 year,

but may be renewed upon appropriate application.

Elected delegates to a union function may be given annual leave or leave without pay to attend such

functions provided that the hospital is given 30 days' advance notice. Division or service chiefs may

accept less than 30 days' notice if work conditions permit. (37)

A few agreements, however, stipulated shorter leave periods with or

without pay, for union business.

The employer agrees that the union may designate employee members as representatives elected or

appointed to a union office or as a delegate to any union activity necessitating a leave of absence,

not to exceed 15 workdays per year. Upon written notification to the employer by the union, such

employee shall be granted, insofar as possible, a reasonable amount of annual leave or approved

leave without pay as appropriate. (35)

Employees on an authorized leave of absence accrue all benefits to which

they are otherwise entitled. This was specifically spelled out in about 10 percent

of the agreements. For example:

Journeyman pressmen in approved leave of absence without pay status shall accrue all rights and

privileges in respect to retirement status and coverage under the Group Life Insurance and Federal

Employees Health Program, in accordance with current laws and regulations. (2)

* * sje

. . . He shall not lose his seniority established at the tim e of the leave of absence and shall accrue

seniority subject to applicable C ivil Service regulations . . . (8)

Fifteen agreements dealt with various aspects of reemployment rights of

employees returning from a leave of absence.

An employee returning to service from leave without pay who has maintained all necessary qualifications will normally be returned to the job rating and pay status he enjoyed before going on leave.

If an em ployee's status is changed during the period he was on leave, such changed status shall be

reflected upon his return to work. (34)

>;< * >;<

An employee absent on extended leave will normally be carried on the rolls during his absence in

the rating held at the tim e his leave commenced.

The employer recognizes the bumping and retreat rights of an employee on leave of absence in situations where the employee is affected by reduction-in-force action during his leave of absence. (9)

Dues Withholding. Civil Service Commission regulations governing the

withholding of union dues by Federal agencies and transmittal of such dues to

employee organizations went into effect in January 1964. By late summer 1964,

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37 12 agreements had incorporated dues checkoff provisions, although several of

these were concluded before the regulations were issued, to go into effect as

soon as permissible.

When withholding of lodge dues on a voluntary basis is authorized for Federal employees, the com ­

mander agrees that this practice will be implemented on the base, provided the lodge meets the

requirements of the applicable statutes, executive orders, or rules or regulations. (82)

Most checkoff provisions spelled out this arrangement in extensive detail, restating, in various forms, the points covered by CSC regulations, notably

such matters as authorization, remittances, revocation, and costs (2 cents per

deduction).

Article X XIV— Dues Deduction

Section 1. The employer shall deduct dues from the pay of all eligible employees who voluntarily

authorize such deductions and who are employed within the appropriate unit for which the council

holds exclusive recognition, in accordance with the provisions set forth herein.

Section 2. Union dues (the regular, periodic amount required to maintain an employee in good

standing in his appropriate local union affiliated with the council) shall be deducted by the employer

from the employee's pay each payroll period when the following conditions have been met:

a. The employee is a member in good standing of his appropriate local union affiliated with

the council or has signed up for membership in his appropriate local union subject to the payment

of his first month's dues through voluntary allotment as provided herein.

b. The em ployee's earnings are regularly sufficient to cover the amount of the allotment.

c. The employee has voluntarily authorized such a deduction on Standard Form 1187 supplied

by the council.

d. The appropriate local union of the council, through its authorized official, has completed

and signed section A of such form on behalf of such affiliated local union.

e. Such completed form has been turned over to the employer, code 1351, by the council.

Section 3. The council is responsible for purchasing the standard allotment form prescribed by the

Comptroller General; distributing it to its members; certifying as to the amount of its dues; delivering

completed forms to the employer, code 1351; and educating its members on the program for allotments for payment of dues, its voluntary nature, and the uses and availability of the required form.

Section 4. Deduction of dues shall begin with the first pay period which occurs after receipt of the

Standard Form 1187 by the employer, code 1351, providing that Standard Form 1187 is received by

1000 hours of the Wednesday preceding the beginning of the biweekly pay period.

Section 5. The amount of the union dues to be deducted each biweekly pay period shall remain

as originally certified on such allotment forms until a change in the amount of such dues is certified to by the authorized official, and such certification is transmitted to the employer, code 1351,

by the council. Such change shall begin with the first pay period after receipt of the notice of

change by the employer, code 1351, or a later date if requested by the council. Such changes

shall not be made more frequently than once each 12 months. In addition, changes made as a

result of changes in membership classification such as promotion to journeyman, will be made upon

submission of a new Standard Form 1187, effective the beginning of the first pay period following

receipt by the employer, code 1351. *

* 2 This figure would tend to underestimate the prevalence of such arrangements, since unions having obtained

formal recognition are eligible to participate under C ivil Service Commission rules.

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Section 6. An em ployee's voluntary allotment for payment of his union dues shall be terminated

with the start of the first pay period following the pay period in which any of the following occur:

a. Loss of exclusive recognition by the council.

b. Separation of an employee from the unit for which the council holds exclusive recognition.

c. Receipt by the employer, code 1351, of notice from the council that the employee has

been expelled or has ceased to be a member in good standing of his local union. Such notice shall

be promptly forwarded by the council to the employer, code 1351.

Section 7. An allotment for the deduction of an em ployee's union dues may also be terminated by

the employee through submission to the employer, code 1351, of a Standard Form 1188 or individual

substitute, properly executed in duplicate by the individual em ployee. Such duplicate shall be

promptly forwarded by the employer, code 1351, to the council. A termination of allotment under

this section shall be effective with the first full pay period following either March 1 or September 1,

whichever is the earlier, provided the revocation is received by the employer, code 1351, by

such date.

Section 8. The employer, code 1351, shall transmit to the council secretary-treasurer promptly,

after each regularly scheduled payday, the following:

a. Lists in duplicate for each affiliated local union of the council which has employees on

voluntary dues allotments. Each such list shall identify within each union dues code, the badge

number and name of each employee, and the amount of his allotment deduction. Each list shall

include the total monetary amount of all such allotment deductions made for the employee m em ­

bers of such affiliated local unions, together with the total number of such allotment deductions.

b. A summary sheet in duplicate listing the total monetary amount of the allotment deduction

for dues made on behalf of each affiliated local unions identified by local union name and number.

The summary sheet shall also include the grand total of all such monetary allotments deducted in

favor of all such affiliated local unions for the pay period covered and the grand total of the number of allotment deductions made.

c. A listing of employees who have terminated their deductions within the pay period.

d. A check drawn on the Treasury of the United States and made payable to the council in an

amount equal to the grand total of all such monetary allotment deductions made, less 2 cents for

each deduction. (87)

* sje *

Pursuant to the Basic Em ployee-M anagem ent Agreement between the Bureau of Reclam ation, U. S. D epartment of the Interior, Middle Rio Grande Project, and the Am erican Federation of Government

Employees, AFL—CIO Lodge No. 2246, approved February 28, 1964, representatives of the project

and the union conferred on March 24, 1964, and agreed to adoption of the following plan with

respect to payroll deduction of union membership dues:

1. Employee union members desiring to have union dues deducted from their pay must submit

a written request for such deductions to an authorized representative of the project.

2. The project shall make such deductions from employees' wages only upon receipt of a properly

executed request, in duplicate, from employees on Standard Form 1187. The original of the request

shall be retained by the payroll office and the copy shall be forwarded to the union.

3. The form prescribed for authorization of payroll deduction of union dues shall be furnished

by the union.

4. The project shall effect requests for changes in the amount of allotments for the payment

of dues on the first day of the pay period beginning 4 workdays or more after requests have been

received.

5. Changes in the amount of allotments for payment of union dues may not be made more

frequently than once each 12 months.

6. Before the project may start payroll deductions for union dues, the union shall furnish the

project a written schedule of regular basic biweekly dues applicable to members covered by this

agreement.

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7. A 2-cent withholding fee w ill be charged by the project for each deduction made per pay

period for each em ployee.

8. The union shall be furnished a biweekly list reflecting the names of members for whom

deductions were made and the amount of each deduction with appropriate totals on number of m em ­

bers, amounts withheld, and amount of the 2-cent fee.

9. The union shall promptly notify the project in writing when a member is expelled or ceases

to be a member in good standing so that the allotment for the employee can be terminated effective

with the close of the pay period in which the notice was received.

10. Employees may terminate union dues allotments effective at the beginning of the first full

pay period after March 1 or September 1, whichever is earlier, by furnishing the project a written

revocation.

11, The finance officer will send a copy of each written revocation received by the agency to

the union within 5 workdays after receipt. (88)

Union-Management Activities

The Executive order provides that management and an employee organization designated as the exclusive representative "shall meet at reasonable times

and confer with respect to personnel policy and practices and matters affecting

working conditions, ..." This, as specifically stated, also encompasses the

negotiation of agreements. This section of the study describes the various policies

adopted by the parties to foster union-management cooperation and to reach agreement on bargaining issues. Grievance procedures are discussed under a subsequent heading.

Cooperation Committees. About one-fourth of the agreements, distributed

over 14 agencies and 13 unions, established a variety of committees whose function was either to "improve cooperation" generally or to deal with somewhat more

specific problems, such as the elimination of waste, improvement in workmanship, employee morale, and other work problems. Negotiation of agreements or

the processing of grievances was explicitly or implicitly outside the scope of

these committees.

The following examples illustrate the kinds of joint committees established to deal with mutual problems not otherwise identified*

In order to achieve the fullest possible benefits from the contributions of its employees, there is

established a joint Employee-M anagem ent Com m ittee to consist of an equal number of representatives

(not more than five and not less than two) chosen by the union from among its members and by the

main station supervisor from among his staff. (89)

>[c i \ ' sjc

For the purpose of fostering better labor-management cooperation the lodge shall select two representatives and management shall select two representatives from its supervisory staff to form a LaborManagement Com m ittee at each helium plant. (90)

More typical, however, were clauses which addressed themselves to

specific problems of concern to the parties. For example:

A com mittee of not more than three representatives of the employee organization w ill meet with

representatives of management from tim e to time as the need arises, to consider and make reccommendations to the activity head on the elimination of waste, improvement of workmanship and

correction of conditions leading to a misunderstanding. (68)

>!« >!< >!<

The shop steward and the unit supervisor shall meet from tim e to tim e, as may be reasonably appropriate without interfering with the work of the unit, for the purpose of advising board m anagement and union officials on any matter which by cooperative action would improve relations between

employees and management officials, and submission of advisory proposals for elimination of waste;

conservation of materials and supplies; improvement of quality of workmanship and services; promotion of education and training; the correction of working conditions making for grievances and

misunderstandings; safeguarding of health and elimination of employment hazards; the improvement

of working conditions and the strengthening of employee morale, but not including grievances, disagreements, or matters relating to rates of pay. (47)

* * *

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A regular meeting w ill be held monthly between management and the union. Purpose of these

regular meetings w ill be to review m anagem ent-em ployee relationships, to identify possible problem

areas at an early stage, to provide management an informal report or "fe e l" for employee morale

and to discuss any current problems or impending actions. T im e and place of this meeting w ill be

arranged and announced by management. (91)

Several agreements, in addition to listing the purposes of the committee,

also referred to its procedures and operations.

The employer and the union, having recognized that cooperation between management and employees

is indispensable to the accomplishment of the purposes for which the activity has been established,

maintain and support a joint cooperative com mittee as an effective means by which to foster such

cooperation.

This joint cooperative committee shall give consideration to and make recommendations to the

director on such matters as the elimination of waste, the conservation of materials, supplies, and

energy, the improvement of quality of workmanship and services, the conditions of employment on

new or improved equipment or machines different from those now in use within the jurisdiction of

the employer, the promotion of education, the establishment of an effective training program, and

the correction of conditions making for misunderstandings.

This joint cooperative com m ittee shall consist of six members. The three shop com m ittee members

shall represent the union and three members appointed by the employer shall represent management.

At each meeting the com mittee shall elect a nonvoting chairman from among its members. The

selection shall be made alternately from among the group of members representing the union and the

group of members representing management. The com m ittee shall make its recommendations to the

director in writing.

This joint cooperative com mittee will meet at the call of either the union or the employer at times

mutually agreeable to both parties. The party calling the meeting shall provide to the other party,

at least 3 working days in advance of the m eeting, a written agenda of matters to be discussed.

Minutes shall be kept and copies supplied to the union. (92)

i|c >Jc

There shall be established im m ediately a committee consisting of representatives of the union and

supervisory staff of the unit in equal numbers, not to exceed three. However, the union and the

agency may each invite an official advisor. This com mittee shall m eet once every 3 months.

An agenda shall be submitted by either party at least 5 working days prior to com mittee meeting.

Minutes shall be kept and the agency shall provide the com m ittee members with minutes of all

meetings.

Consideration by the com m ittee shall be given to such matters as the elimination of waste, conservation of materials . . .

The com mittee shall report periodically to the officers of the union and the agency on any m atter which by cooperative action would improve relations between employees and management

officials. (93)

Union participation on single-purpose committees concerned, for example, with incentive awards, food service, charity drives, and recreation, were

provided for in about 15 percent of the agreements. As a rule, more than one

committee was listed in the contract.

The employer agrees to allot to the union not less than 50 percent membership on all committees

appointed to administer such em ployee-em ployer activities as charity and bond drives, food service,

recreation, solicitation, welfare, or other such committees appointed to provide services or assistance

(not job related) to employees within the bargaining unit. The method of selecting the representatives

of the union w ill be as follows:

The union w ill furnish the employer, within 7 calendar days of request, a list of not less than twice

the number necessary to fulfill the requirements, and the employer w ill select them from the list.

The union agrees that it w ill actively support such causes and that com m ittee members will be recommended who are considered capable of performing their functions w ell.

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The employer agrees to appoint to the incentive awards committee two representatives nominated

by the union. To effect this agreement, the union agrees to submit a list of five names of em ­

ployees of AR & SB and the employer will select from the list and appoint two employees to the

com m ittee. (63)

The employer agrees that the council may have representatives on the boards and committees not

covered elsewhere in this agreement, as follows:

a. Puget Sound Naval Shipyard Recreation Board of Directors, one member.

b. Puget Sound Naval Shipyard Incentive Awards Com m ittee,

(1) Beneficial Suggestion Panel, two members.

(2) Superior Accomplishment Panel, one member.

c. Puget Sound Naval Shipyard Restaurant Board of Trustees, two members . . . (58)

Negotiating Committees. While bargaining committees exist in all cases

where an agreement has been reached, references to such a committee, frequently

also defining its composition and procedures, were found in 112 agreements, or

more than half of those studied. Seventeen of twenty nonpostal agencies were

parties to these agreements, as were 19 out of 29 employee organizations. The

largest number of agreements, 53, applied to employees in mixed units, followed

by units of wage board (43) and classified employees (16), respectively.

Agency

Total -------------------------------

Agriculture--------------------------------

Commerce----------------------------------

D efense-------------------------------------

Air F o r c e ----------------------------------

Army------------------------------------------

Navy------------------------------------------

Health, Education, and Welfare -

Interior -------------------------------------

Labor----------------------------------------

Treasury -----------------------------------

Federal Aviation Agency------------

General Services AdministrationInterstate Commerce Commission

Railroad Retirement Board---------

Smithsonian Institution-------------

Tariff Commission---------------------

Veterans Administration------------

Agreements

Employees

covered

112 56,319

1 2,528

1 80

1 264

7 3,680

10 4, 431

12 10,500

9 12,245

14 724

2 4, 045

2 151

1 46

19 1,697

1 20

1 1,800

1 30

1 7

29 14,071

A number of agreements did little more than state the existence of a

negotiating committee.

The union and the payment center shall each select eight payment center employees to serve as its

negotiating com m ittee for the purpose of negotiations hereunder. Not more than four members of each

of these groups w ill attend and participate in conferences as a working group. (94)

>[< >[c >!<

Working conditions affecting the employees covered by this agreement shall be determined through

the process of negotiation between the union and NAVOCEANO. For this purpose, the union

and NAVOCEANO shall elect a negotiating com mittee which shall consist of employees within

NAVOCEANO, and other representatives designated by the union. In addition to the negotiating

com m ittee, other representatives of the union and other representatives of NAVOCEANO, may be

permitted to attend the conference. (95)

Agreements negotiated by the General Services Administration specified,

by title or name, the management and union official who were to make up the

committee.

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Procedures for the Consultation and Negotiation of Issues Arising Under the Agreements.

In order of rank the contact representatives of the employer are: First line supervisor, second line

supervisor, third line supervisor of the section concerned, assistant buildings manager, buildings

manager, area manager of area five, chief of buildings management division, regional director of

public buildings service, and regional administrator of region seven. In order of rank the contact representatives of the employee organization are: President, vice-president, welfare director, and craft

representative.

Regular meetings attended by employer and employee organization representatives shall be held

quarterly.

In attendance w ill be buildings manager, assistant buildings manager, custodial force supervisor, or

any other supervisor required in accordance with the business to be discussed as shown by the agenda,

or their designee and the employee organization officers, president, vice-president, craft representative

or their designees or any other officer designated by the president who may be required in accordance

with the business to be discussed as shown by the agenda. The president shall notify the employer

of those designated to attend a meeting and shall lim it his selection to three employee organization

representatives, unless mutually agreed that more might attend. Any meetings may be cancelled by

mutual consent of both parties. Special meetings may be arranged at the request of either party.

An agenda will be prepared in advance by a designated representative of the employer and will be

based on suggestions from employer and employee organization officials . . .

Minutes shall be made of the regular meetings attended by employer and employee organization

representatives, a copy of which shall be furnished to the employee organization. (96)

A considerable number of agreements were silent on whether meetings

would be conducted during duty or off-duty hours; others, particularly those negotiated by the Veterans Administration, restated that part of section 9 of the

order which provides that . . consultations and meetings . . . shall, whenever practicable, be conducted on official time, but any agency may require that

negotiations . . . be conducted during . . . nonduty hours . . . n, as follows:

The negotiating com mittee shall be made up of eight members; four representing management and

four representing the union. Additional temporary members may be added by both parties to the

agreement, providing that membership for each party at any one tim e may not exceed a total of

six members.

Ordinarily, negotiation meetings will be held on official tim e without charge to leave. If such

meetings take an inordinate amount of tim e, the center director, at his discretion, may require that

these meetings be conducted during the nonduty hours of the employee representatives involved. (97)

Less frequently, agreements provided that all time spent in negotiations

would be "off the clock. M

. . . Employees from th^ bargaining unit, including the members of the local*s negotiating com ­

m ittee, who attend the conference shall be charged with leave or leave without pay. (98)

Factfinding Committees/ The resolution of deadlocks in contract negotiations can be a particularly troublesome issue in bargaining situations where

the union is not permitted to strike, the employer not permitted to resort to

lockouts, and where arbitration of contract terms, even of an advisory nature,

is prohibited. 13 At present, parties to Federal agreements have agreed on three

methods to overcome a bargaining impasse: (1) By means of a factfinding committee; (2) mediation; and (3) submittal of issues in dispute to higher authorities.

Various factfinding committees were established under the terms of about

one-fourth of the agreements, scattered over 10 agencies, with the Veterans Administration accounting for about three-fifths of the total. Nine out of ten bargaining units were made up of wage board or comprised both wage board and

classified employees.

13 Section 8(b) of the order permits advisory arbitration of grievances, but states that this does not apply to

"changes in or proposed changes in agreements or agency policy. "

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Agency

Total

Army__________________________

N avy __________________________

Health, Education, and WelfareInterior________________________

L a b o r --------------------------------------

Treasury-----------------------------------

General Services Administration

Railroad Retirement Board____

Smithsonian Institution ------------

Veterans Administration------------

Agreements

Employees

covered

52 20,126

5 1, 127

1 30

3 2,415

9 423

1 45

1 118

1 67

1 1,800

1 30

29 14,071

While some factfinding committees were made up of an equal number of

management and union representatives, others provided for an additional member

to be selected by the parties. The agreements, however, failed to indicate whether

the additional member was to be an outsider or could be an agency employee or in

some way connected with the parties. While the power of some committees was

limited to a statement of findings, to be presented to the negotiators, in a few

cases it extended to both findings and recommendations.

When an agreement is not reached in direct negotiation under this agreement, the chief of the payment center and the union shall, in good faith, exhaust all acceptable techniques of collective bargaining. After all acceptable techniques of collective bargaining have been exhausted and there is

still an impasse in negotiations, a factfinding committee as hereinafter provided for, may be appointed

to study the situation. The findings of the factfinding com mittee will be used by the negotiating

committee to help resolve the issue . . .

The payment center chief determines the need for factfinding committees as provided for in this

agreement, after consultation with the union. Such committees shall consist of an equal number of

representatives appointed by the payment center chief and the union president, respectively. (52)

>!< >',< -v

When agreement cannot be reached upon working conditions or matters subject to negotiation, the

negotiating parties shall submit the dispute to a joint factfinding committee consisting of five m em ­

bers, two selected by the agency, two selected by the union and the fifth member will be selected

by the four members.

The factfinding com mittee shall ascertain the facts involved and submit its findings and recom mendations to the negotiating parties within 10 days. (99)

>!< * s|e

When agreement cannot be reached on any matter(s) subject to negotiation or being negotiated . . .

such m atters) shall be submitted by the negotiating parties to a joint factfinding com m ittee.

The factfinding com mittee shall consist of five members, two selected by the employer . . . two

selected by the union . . . and the fifth selected by the four members.

The factfinding com mittee shall ascertain the facts involved and submit a report of its findings and

recommendations to the negotiating parties within 10 days.

The negotiating parties shall then, if possible, resolve the disputed matter(s) in the light of the

findings and recommendations so reported. (100)

Typically, VA agreements specifically ruled out recommendations by

factfinding committees. These agreements were also unique in the procedure

set forth on how to resolve issues still in dispute.

When agreement is not reached after serious and diligent negotiation, the parties hereby agree to

submit the issue to a joint factfinding com m ittee.

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The com mittee shall consist of three VA employees; Veterans Administration Hospital . . . m anagement and Lodge 331 . . . shall each appoint one member and these two shall select the third m em ­

ber. No member of the negotiation committee shall serve on the factfinding com m ittee.

The issues in dispute w ill determine the amount of tim e to be granted the com mittee in securing

the facts. The parties w ill, upon submitting a disagreement to the factfinding com m ittee, set a

specific date for the com m ittee to report. Official duty tim e shall be allowed the com m ittee for

discharging its functions.

The com mittee shall, by inquiry, research and conference, ascertain the exact facts at the basis of

the dispute and submit their findings, without recommendations, to the negotiating parties for

consideration.

The parties will consider the facts submitted by the committee and will make at least one more

effort to reach agreement within 30 days after receipt of the report. In the event the parties are

still unable to reach agreement, negotiations on the disputed issue will terminate at the end of the

30-day period. (101)

In several agreements, particularly those negotiated by the Department

of the Interior, a factfinding committee was set up before negotiation got underway so as to help define the issues before the parties. These agreements, it

should be noted, also provided for subsequent mediation and, should this turn out

to be unsuccessful, for referral to a higher agency official to render a final and

binding decision. The factfinding clause read as follows:

Prior to such negotiations, the regional director and the union shall set up a joint factfinding com ­

mittee for the purpose of establishing any relevant facts pertaining to rates of pay, job comparability,

and working conditions. Consideration shall be given by the negotiating committees in their negotiations to any facts so established and to such other evidence as may be submitted by either

party. (102)

Mediation. The use of qualified neutrals to help resolve contract disputes was provided for in a relatively small number of agreements (24), with onehalf of these accounted for by a single agency, the Department of the Interior.

Agency

T o ta l-----------------------------

Agriculture____________________

Commerce--------------------------------

Defense-----------------------------------

Army----------------------------------------

N avy----------------------------------------

Interior-----------------------------------

General Services Administration

Agreements

Employees

covered

24 7,897

1 2,528

1 80

1 264

6 3,697

2 548

12 697

1 83

Mediation, as the term is customarily understood, is a process whereby

a neutral assists the parties, at their request, in reaching an agreement and

was so treated in the majority of the contracts.

At such tim e as negotiations reach an impasse, either party may invoke the services of a mediator

who shall be the joint selection of both parties. The mediator shall use his best efforts to bring the

parties to agreement by mediation. Expenses arising from employment of a mediator shall be borne

equally by the union and the project. (65)

# sjc >)<

It is agreed by the employer and the employee organization that in the event of disputes that occur

during negotiations, and it is patently clear that agreement cannot be reached, a mutually agreeable

third party w ill be used to develop facts and mediate on an advisory basis. Such mediation w ill not

be construed or considered as advisory arbitration as provided in section 8 and 11 o f Executive

Order 10988. (103)

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In a few agreements, however, the mediator was also empowered to

issue recommendations for settlements, a practice not usually found in agreements in private industry.

If consultation and negotiation on a negotiable matter fail to produce an am icable agreement, it

shall be the prerogative of either the head of the agency or the union to request the use of a disinterested third party for development of facts bearing on the dispute and for the presentation of an

advisory recommendation. The use of such advisory mediation shall in each instance be subject to

the approval of the head of the agency and the union. The selection of a mediator shall be likewise subject to the approval of the head of the agency and the union. (104)

. . . After three such meetings are held, if the matter remains unresolved, the corporation and the

union shall submit the problem to an impartial expert, mutually agreed upon, who shall weigh the

facts presented by both sides and endeavor to mediate a settlement. The mediator shall document

his actions and advice in the performance of his functions and present a copy thereof with his recommendations for settlement to both sides. His services shall be terminated as the parties may decide,

provided that the mediation period shall not extend beyond a 3-day period unless agreed upon between

both parties. The cost of the services of the mediator shall be paid by the corporation and the union

in equal shares. (31)

If an impasse in negotiation has been reached, representatives of management and the association

may, upon mutual agreement to mediate, meet within 10 days to agree upon the selection of a

mediator from within the Federal Government Service. If agreement cannot be reached, then either

the association or management may request the Federal Mediation and Conciliation Service to submit

a list of five impartial persons qualified to act as mediators. The parties w ill meet within 5 days

after the receipt of such a list. If they cannot mutually agree upon one of the listed mediators,

then management and the association successively will each strike one mediator's name from the

list of five, and shall then repeat this procedure. The remaining name shall be that of the duly

selected mediator. The mediator will be requested to meet with the parties, study the issues, and

make recommendations and suggestions designed to assist the parties in resolving the matters at

issue. (105)

As the above clauses indicate, the cost of the service, where indicated,

was to be shared equally by the parties. In one agreement, however, the employer agreed to pay expenses for negotiations and mediation if the dispute reached

designated agency and union levels:

Expenses for the national joint council chairman, the service level negotiating com m ittee, and the

mediator in the resolution of impasses shall be borne by the service or division. (106)

Decision and Appeals. Finally, should the negotiators, with or without

the help of factfinding and/or mediation, be unable to resolve an impasse, they

could, under the terms of about one-fourth of the agreements, submit the issues

in dispute to an agency official for a final and binding decision. This method of

arriving at a contract settlement was a feature of agreements in the Department of the Interior and the General Services Administration, as the following

clauses illustrate:

If efforts to bring about agreement through mediation are not successful, the dispute shall be submitted by the parties to the Director, Bureau of Com m ercial Fisheries, for consideration of the merits

and his decision shall be final and binding on both parties to the dispute. Copies of briefs, documentary evidence, statements by the mediator, or other material filed with the bureau director as

pertinent to the dispute by either the regional director or the union shall be furnished to the other

party to the dispute. (107)

>;< >jc

Impasses between the employer and the employee organization may be submitted to the Administrator

of GSA. The two parties may submit a joint statement in writing explaining the issue and their

differing points of view, or they may submit separate statements. If deemed necessary, the administrator or the assistant administrator for finance and administration may require further investigation

or hearing at the local level. The decision of the administrator will be binding upon all concerned. (108)

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In contrast, in a few agreements, the authority of higher management

was limited to an advisory opinion, for consideration by the negotiators:

If the problem is not resolved after the negotiating parties examine the /factfin d in g/ com mittee report, the matter shall be referred to the Department level for an advisory opinion, and a copy of the

referral sent to the National Office of this Federation. (99)

Finally, issues not settled at the local level could also be referred to

higher management and union levels for further negotiations.

If the j/negotiatin^y committee is unable to agree upon any negotiable matter properly before it for

consideration, the dispute will be referred to the Department of the Arm y, Washington, D. C . , through

channels, and the International Brotherhood of Electrical Workers, Washington, D .C ., for decision.

The resulting agreement shall then constitute a supplementary agreement, or an amendment to this

agreement, as appropriate. (30)

>\< jjc

In lieu of the use of such /Tactfinding/ com m ittee, the union and the employer may agree to have

an impasse reviewed at higher levels in both the Army and the employee organization. (74)

Grievances and Arbitration

The term "grievance" has a more limited application in the Federal Service than in private industry. 14 Chapter 771 of the Federal Personnel Manual

describes a grievance as "a matter of personal concern or dissatisfaction to an

employee the consideration of which is not covered by other systems for agency

review. " Employee grievances may include matters such as working conditions,

relationships with supervisors, management decisions covered by the agency’ s

grievance procedures, and implementation of personnel policies and employee -

management agreements. Grievances can be initiated by an employee or group

of employees; they may not be initiated by an employee organization, although

an organization may represent employees in a grievance action.

Each agency, subject to broad standards issued by the Civil Service

Commission, is free to establish its own grievance system. Within its system,

agencies may negotiate specific procedures applicable to an exclusive unit of

recognition. Such procedures may include provisions for advisory arbitration.

The President's task force, after an extensive study of agency grievance systems, stated that "most large agencies of the Government in which employee organizations are active will find it both necessary and desirable to provide such organizations with a recognized role in the grievance system . . . "

In addition, it recommended that a provision for advisory arbitration may be

included in agency agreements. It further suggested that agreements should not

"be allowed to impair the right of an individual employee to handle his own

grievance . . . and to choose his own representative. However, a representative of an organization granted exclusive recognition has the right to be

present at such proceedings. " These points were subsequently incorporated

in the Executive order as follows:

Section 8. (a) Agreements entered into or negotiated in accordance with this order with an employee

organization which is the exclusive representative of employees in an appropriate unit may contain

provisions, applicable only to employees in the unit, concerning procedures for consideration of

grievances. Such procedures (1) shall conform to standards issued by the C ivil Service Commission,

and (2) may not in any manner diminish or impair any rights which would otherwise be available

to any employee in the absence of an agreement providing for such procedures.

(b) Procedures established by an agreement which are otherwise in conformity with this section may

include provisions for the arbitration of grievances. Such arbitration (1) shall be advisory in nature

with any decisions or recommendations subject to the approval of the agency head; (2) shall extend

only to the interpretation or application of agreements or agency policy and not to changes in or

proposed changes in agreements or agency policy; and (3) shall be invoked only with the approval

of the individual employee or employees concerned.

14 For an analysis of policies in private industry, see Major Collective Bargaining Agreements: Grievance Procedures (BLS Bulletin 1 425-1, 1964).

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The present study reveals that one of the points or more mentioned in

the Executive order have been incorporated in about two-thirds of the agreements.

Most, to be sure, simply refer to notice to the union that a grievance has been

filed or emphasize an employee’s right to process a case on his own. A considerable number, however, have established a variety of procedures patterned

after those in private industry, spelling out such matters as its scope, procedural steps, time limits, and the conduct of (advisory) arbitration hearings. It

is also an area marked by a diversity of approaches among agencies and unions,

which defy easy categorization as indicated by the illustrations cited in subsequent paragraphs.

Rights of Union and Individual. The single most prevalent reference

to grievance matters, found in about two-thirds of the contracts, was a statement that the union was to be notified or be present at formal grievance proceedings in cases, presumably, where the employee had not selected it as his

representative. The right of the employee to initiate and process a grievance

unaided by the union was emphasized in more than one-half of the agreements,

often by offering him a choice between the agency and the negotiated procedures.

As exclusive representative . . . the lodge shall have the right to consult with management at any

stage of a grievance . . . The lodge shall have the opportunity to be represented at discussions b etween management and employees or employee representatives concerning formal grievances. The

lodge may also provide an employee with a representative to represent and assist him in the presentation of a grievance . . . when desired by the employee concerned . . .

The lodge shall be notified of grievances when they are submitted in writing . . .

Nothing in this section precludes an employee from designating the union or any other person to

represent him in a grievance . . . (109)

. . . this agreement does not preclude any em ployee, regardless of employee organization m em bership, from bringing matters of personal concern to the attention of appropriate officials . . . or

from choosing his own representative in a grievance or appeal action.

. . . A representative of the union shall be given the right to be present when an employee in the

unit presents his grievance or appeal to management . . . (110)

vU v»c

Any individual employee, or group of employees, shall have a right at any tim e to present grievances

and have such grievances adjusted without representation of the union as long as the adjustment is not

inconsistent with the terms of this agreement, providing further that the proper union representative

shall have been given the opportunity to be present at such adjustment. If not more than two em ­

ployees are involved in such a situation and neither requests representation by the union, the union

representative shall still have the right to be present at all discussions and hearings with his attendance

at the proceedings charged to his annual leave or LWOP, at his discretion. (53)

The complaint or grievance will first be presented by the aggrieved employee and representative of

his choice if he desires one . . . /th e em ployee/ will . . . indicate in writing on a form mutually

agreed to by the employer and the union, the choice of either this negotiated grievance procedure

or established Coast Guard appeals or grievance procedure as appropriate . . . If the employee

selects the Coast Guard general procedure, and if the employee does not choose a union member

as his representative, the union will be given the opportunity to have an observer present at discussions between the employee and supervisory officials concerning the grievance . . . (63)

>!< '!'

The union has the right to . . . be present throughout a grievance hearing as an observer in the event

the employee does not choose the union to represent him. (Ill)

An employee has the right to select whomever he desires to represent him.

The union shall have the following rights in formal grievances:

(1) To be notified of the tim e and place of the proceedings at each step of the grievance.

(2) To be present at all steps of the grievance.

(3) To be furnished with a copy of the written decision and summary, at any step at which a

written decision and/or a summary is involved.

(4) To have an opportunity to state its position on grievance whether or not it is the designated

representative of the aggrieved. (112)

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A few agreements which specifically gave the union the right to exercise its judgment whether to process a grievance also permitted it to pursue the

particular issue on its own, in the following manner:

Nothing in the procedure set forth in this article shall be construed as to in any manner diminish or

impair any rights which would otherwise be available to an employee in the unit. Nothing in this

agreement shall be so interpreted as to require the council to represent him, if the council considers

the grievance to be invalid or without merit. If at any step of the grievance procedure set forth

herein the aggrieved employee decides to accept the decision rendered by the responsible official

of the employer, the grievance shall be terminated. However, if the council feels that a significant

issue of general application still requires resolution, the council may pursue the matter under the

provisions of Article V, matters Appropriate for Consultation and Negotiation. (38)

Scope of Procedures. The scope of the grievance procedure was defined either by listing the types of disputes subject to it or by also stating the

issues excluded from the process. In the latter case, the agreement usually

referred to separate appeals procedures which, as set forth in applicable rules

and regulations, could be invoked for particular issues.

Generally, grievances relating to the interpretation and application of the

agreement were admissible, as were complaints about working conditions. Issues

frequently excluded were those dealing with various disciplinary (adverse) actions,

security clearances, reduction-in-force, and equal employment opportunities.

An employee or group of employees may present in writing any disagreement with the commission

growing out of grievances related to the application or interpretation of this agreement . . . (46)

>!< >:< >!<

Be "grievance" we mean an employee's feelings of dissatisfaction with some aspect of his em ployment or with a management decision affecting him. For example, dissatisfaction with working conditions or work relationships; promotional disputes; belief that an admonishment or reprimand is unjustified; or complaints arising from reassignments and transfers for administrative purposes. (37)

% >!< i|<

. . . These procedures apply to an employee's expressed feeling of dissatisfaction with aspects of his

working environment or work relationships and management decisions concerning them which are outside his control. The procedures also cover the application of established personnel practices and

the interpretation and application of this agreement. These procedures do not apply to cases in which

other Coast Guard, Treasury, or Civil Service Commission regulatory or statutory appeals procedures

are applicable . . . (63)

s[c >|c >jc

To provide for the mutually satisfactory settlement of questions involving the interpretation or application of this agreement or any alleged violation thereof, or any other dispute which may arise between the parties, or with the interpretation or application of agency policies and regulations. Grievances resulting from the following types of actions will not be considered under this agreement, as

separate avenues of appeal are established:

Reductions-in-force (NCPI 351)

Position classification (NCPI 512)

Performance ratings and related letters (NCPI 430)

Discrimination and Government employment policy (NCPI 713)

Incentive awards (NCPI 450)

Adverse action under EO 10450 and failure to be cleared for sensitive duties (NCPI 732)

Ungraded rating determinations, wage determinations and pay alignments (NCPI 531)

Nonselection for promotion when the sole grievance is an allegation by an employee that he is

better qualified than the person selected (NCPI 770)

Letters of caution or requirement (NCPI 750)

Adverse actions involving discharge, suspension for more than 30 days, reduction in rank or

compensation, or furlough without pay (NCPI 770). (20)

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Procedural Steps. The process by which a dispute moved from the aggrieved worker through successive steps involving higher levels of union and

management to final settlement was stipulated in slightly less than 50 percent

(96) of the nonpostal agreements. Such procedures were negotiated by 15 agencies

and 19 unions, in all but eight cases for employees in wage board or mixed units.

A number of these also described such procedural aspects as time limits, witnesses, and the availability of pertinent records and transcripts.

Agency

Total-------------------------------

Agriculture-------------------------------

Commerce--------------------------------

Air F o rce --------------------------------

Army----------------------------------------

Navy----------------------------------------

Health, Education, and Welfare

Interior-----------------------------------

Treasury ----------------------------------

Civil Aeronautics Board----------

Federal Aviation Agency----------

Nadonal Labor Relations Board

Railroad Retirement Board-------

Smithsonian Institution------------

Tariff Commission--------------------

Veterans Administration-----------

Agreements

Employees

covered

96 80,778

1 2,528

3 230

1 1,430

16 8,620

40 59,693

1 14

14 724

3 464

1 11

3 793

1 42

1 1,800

1 30

1 7

9 4, 392

A relatively simple procedure is represented by the following:

The shop steward of the employee concerned will attempt to settle the problem with the line supervisor and is lim ited to the level of the line supervisor in voicing the position of the employee and

the AFGEC

In the event that the shop steward and the line supervisor cannot settle the area of dispute to the

satisfaction of both parties, the AFGE chief steward is then authorized to take the AFGE and the

employee's views to the department head . . .

When the department head and the chief steward cannot solve the problem, either due to disagreement in principle or lim it of authority, the business agent of the AFGE may make the union's

position known to the employer or his designated representative.

If the business agent and the appointed management official cannot resolve the grievance, the final

step in the local grievance action w ill be consultations between AFGE officials of the Santa Ana Unit

of Lodge 1881 and representatives of the employer. A written transcript of the final local grievance

action will be kept in the same manner as hearings under NCPI 770. (78)

Provisions on procedural matters, where found, generally dealt with

time limits and other aspects described below:

The dispute or grievance shall first be taken up by the steward, the aggrieved employee, and the

appropriate supervisor of the employee involved. The supervisor must give his answer within 3

working days.

If no satisfactory settlement is reached between the steward and the supervisor, the grievance shall be

reduced to writing on a form mutually agreed to by the employer and the council and submitted

by the chief steward within 3 working days to the department head concerned, who, with lesser

ranking supervisors concerned, shall meet with and discuss the grievance with the chief steward,

the steward and the aggrieved employee or employees within 3 working days after receiving the

grievance. If no satisfactory settlement is reached between them within the next 3 working days,

then the grievance may be referred by the chief steward to the appropriate council officer for processing. It is agreed by both parties to this agreement that at this point the aggrieved employee will

indicate in writing the choice of either the council's grievance procedure, a part of this agreement,

or the Navy Grievance Procedure . . . If the council's grievance procedure is followed, appeal

to step 3 must be within 3 working days . . .

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Upon receipt of request from the appropriate officer of the council, the head of the activity, or his

designated representative with such management personnel as he deems necessary or desirable, shall

arrange to meet within 3 working days with appropriate officers of the council, the chief steward

and the aggrieved employee or employees, in an effort to reach a satisfactory settlement of the

grievance or dispute. In the event the grievance or dispute is satisfactorily settled, such settlement

shall be reduced to writing and copies supplied to all persons involved. If the council is not satisfied

with the settlement offered or the position taken on the dispute or grievance by the head of the

agency, they may, within 30 calendar days thereafter, make formal request . . . that such unresolved

grievance . . . be submitted to impartial arbitration . . .

Any grievance not taken up with the employee's immediate supervisor within 10 days after the o c ­

currence of the matter out of which the grievance arose, such grievance shall not be presented or

considered at a later date. A ll time limits specified in this article shall be exclusive of Saturday,

Sunday, and holidays. Extensions may be mutually agreed upon to provide for unusual cases.

At each and every step of the grievance procedure, the council shall be permitted to call relevant

employee witnesses who shall suffer no loss of pay for so serving. The employer w ill, upon request,

produce pertinent payroll and other records insofar as permissible without violating laws, regulations,

and governmental policy, for the purpose of substantiating the contentions or claims of the parties,

w ell in advance of the formal third step of the grievance procedure.

Failure of management to answer written grievances within the tim e limits prescribed in each step

of the grievance procedure shall permit the council to refer the case to the succeeding step of the

procedure. (20)

An element in the procedure of about one-half of the agreements covering

grievances was the availability of a joint hearing or factfinding committee, usually

at a later state of the process. The composition of these committees and their

function in the grievance machinery are set forth in the following excerpts:

Every effort shall be made to settle any grievance im m ediately, but if the grievance is not satisfactorily settled within 5 working days, it may be appealed through supervisory channels to the

appropriate department chief. If it is not then satisfactorily settled within 5 working days, it may

then be appealed to the personnel officer or other appropriate staff officer, and shall be discussed

by the personnel officer or his designated representative and the president of the union or his representative. If it is not then satisfactorily settled within 5 working days, it may be referred to the

joint hearing com m ittee by either party . . . The joint hearing com m ittee shall make a report of

its hearing and findings to the commanding officer within 10 working days . . .

The union and the . . . agency shall each appoint two members and two alternates to joint hearing

committees composed of agency employees which shall hear all grievances not otherwise settled . . .

The members of the joint hearing committees shall organize by selecting a chairman and a secretary,

which offices shall be filled and held for 1 year alternately by a union member and a department

member of the com m ittee.

The committees shall formulate rules for the conduct of proceedings consistent with guidelines established by the C ivil Service Commission for the conduct of hearings. (5)

sj< *

Step 1. Presentation, in person or in writing, of grievance to the immediate supervisor within 10

days after the crew member learns of the circumstances giving rise to the dissatisfaction. Wherever

possible, the supervisor will give his decision in 24 hours.

Step 2. If not satisfied with the immediate supervisor's decision, or if the supervisor cannot act on

tEe" grievance, presentation of the grievance, personally or in writing, within 24 hours to the department head. Wherever possible, the department head w ill give his decision within 24 hours.

Step 3. If the crew member is not satisfied with the department head's decision, he may within

24 hours appeal to the first stage of appeal, the master, in writing, via the department head. The

letter will follow the outline of CMPI 770. 2 -4 a . The purser will provide technical assistance and

typing aid to the crew member.

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Step 4. Within 48 hours after receipt of the appeal, the master will appoint a grievance hearing

com mittee to conduct a hearing. The com mittee shall consist of one department head and two

additional members, all of whom shall be from departments other than that of the appellant. One

of the additional members shall be a member of the unit to which this agreement is applicable.

The com mittee w ill conduct a hearing in accordance with CMPI 770. 2-4d . Within 5 days after the

conclusion of the hearing, the com mittee w ill submit to the master a copy of the hearing record

and the com m ittee's findings of fact. A copy of the report shall be furnished the appellant and his

representative, and another copy will be furnished to COMSTSLANTAREA for transmission to the

union. The master will notify the employee in writing of his decision within 3 calendar days after

he receives the com m ittee's report.

Step 5. If the crew member is not satisfied with the decision of the master, he may appeal via

the master to COMSTSLANTAREA, the second stage of appeal. This appeal must be in writing and

be submitted within 5 days after receipt of the master's decision. If requested by the crew member,

the purser will provide technical assistance and typing aid. A copy of this appeal will be furnished

the union.

Step 6. The union, within 5 days after receipt of the copy of the appeal w ill notify COM STSLANTAREA, in writing whether it wishes to submit a statement of its position on the appeal. If the union

does so indicate, it w ill submit such statement in writing within 10 days after the date of notification to COMSTSLANTAREA for his consideration before decision. In such case, COMSTSLANTAREA

will not make his final decision until after expiration of the tim e in which the union can submit a

statement of its position. In any event, COMSTSLANTAREA will render his decision within 30 days

after receipt of the seaman's appeal, wherever possible. (113)

As noted in earlier clauses, the agreement frequently gave the employee

a choice between the negotiated or the agency procedure in settling grievance

disputes. In several agreements negotiated by the Veterans Administration, however, the negotiated procedure applied only to what was termed "informal11 adjustments; for grievances not resolved at this stage the agency procedure had to

be used.

The following procedure is an alternate and optional method that may be used for the informal

settlement of grievances by employees of the bargaining unit:

First Step: The employee will first take up his grievance with his immediate supervisor. The

request for the informal adjustment of a grievance should be made as soon as possible and not later

than 30 days from the date of the incident or circumstances complained of occurred. The supervisor is expected to give full and fair consideration to all available facts. He will see that any

matters for which he does not have authority to make a decision, are brought to the attention of a

higher level supervisor who does have authority. A decision w ill normally be given within 5 working

days, with the reason for the decision explained. Any reason for delay will also be explained.

Second Step: If the employee is not satisfied with the decision of his supervisor, he may present

the facts of the case to the com mitteeman assigned to his area to assist him in the informal settlement of the grievance. The com mitteeman may discuss the grievance with the supervisor in an

effort to effect a satisfactory settlement.

Third Step: If the employee is still not satisfied with the decision of his supervisor and if he desires

to pursue his grievance further with union assistance, he shall present the facts of the case in writing

to his com mitteeman, and request the com mitteeman to engage the assistance of the chairman of the

grievance com m ittee. The chairman of the grievance committee will discuss the grievance with the

chief of the division or service where the aggrieved employee is assigned. The chairman of the

grievance com mittee or the chief of the division or service may seek the advice and assistance of

the personnel officer. The personnel officer may also be invited by either party to participate in

the discussion(s). Within 5 working days the chairman of the grievance com mittee will furnish the

employee a signed statement summarizing the results of the discussion(s) with the chief of the division or service. The chief of the division or service w ill also sign the statement.

If the grievance is not settled informally, the employee may then use the existing VA procedure

outlined for grievance hearings. (114)

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In one case, the employee was free to abandon the negotiated for the

agency procedure at any time.

Before, during or after the employment of the procedure above set forth, the aggrieved employee

may abandon the said procedure and proceed under the grievance procedure provided by the Department of Health, Education, and Welfare Personnel Manual. (53)

Advisory Arbitration. Two-thirds of the 96 agreements establishing

a grievance procedure permitted advisory arbitration of unsettled disputes as

the next to the last step. The recommendations of the arbitrator were to be

considered by the designated agency official authorized to make a final and

binding decision.

Agency

T otal----------------------

Agriculture----------------------

Commerce-------------------------

Army---------------------------------

Navy---------------------------------

Interior----------------------------

Treasury---------------------------

Civil Aeronautics Board — 

Federal Aviation Agency — 

Railroad Retirement Board 

Veterans Administration-—

Agreements

Employees

covered

63 62,926

1 2,528

2 180

13 5,537

25 50,151

14 724

3 464

1 11

1 674

1 1,800

2 857

Advisory arbitration clauses shared a number of characteristics. The

selection of the arbitrator was initially left to the parties; should they fail to

agree, the Federal Mediation and Conciliation Service or another organization

was to furnish a list of qualified candidates. Costs were to be shared equally,

although, in some cases, agency expenditures could not exceed an amount set

by regulations.

If the employee wishes to take the grievance to arbitration, the assistant director-^health and safety—

shall appoint an arbitrator recommended by the district supervisor and the president of the lodge.

The arbitrator shall study all records of the case and conduct such investigations as he may deem

necessary. He shall then recommend a settlement to the assistant director—administration, Bureau

of Mines, Washington, D. C .—through the assistant director—health and safety—with copies to the

district supervisor, the lodge, and the employee. The assistant director—administration's decision on

the advisory arbitration recommendation will be final and binding on both parties. This constitutes

the final disposition of the case under the authority of this agreement.

The expenses of arbitration including the compensation and expenses of the arbitrator shall be borne

equally by the lodge and the district. (115)

* * *

. . . arbitration shall extend only to the interpretation or application of an agreement or agency

policy and not to changes in or proposed changes in agreements or agency policy. The request for

arbitration must be made in writing and include the written consent of the lodge to pay one-half of

the cost of arbitration. The cost of this arbitration will come exclusively from the local funds of

Lodge No. 1732, AFGE, and funds budgeted to the hospital.

Within 3 working days after receipt of a request for arbitration, the party receiving the request shall

arrange for a meeting to choose an impartial arbitrator. If within a period of 10 days after the date

of the m eeting, the parties fail to agree on such impartial arbitrator, the Am erican Arbitration

Association . . . shall be requested to submit a list of five names. Within 5 days of the receipt

-of the names, the hospital and the lodge shall in joint session alternately strike four of the five

names. The remaining name shall be the arbitrator. The arbitrator shall proceed forthwith to examine into and make determination of the matters in dispute.

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A ll proceedings . . . shall be started and carried to conclusion as expeditiously as possible.

Each party shall bear the expense of preparing and presenting its own case . . .

The findings of the arbitrator shall be advisory to the hospital director, who will make a decision.

The director's decision may be appealed to the Administrator within 10 calendar days from date of

receipt of the decision . . .

The arbitrator shall not have the authority to add to, subtract from or modify any provisions of this

agreement, nor to submit findings on any question except the one submitted for arbitration. (37)

About one-half of the arbitration provisions specified that hearings would

be on official time, without loss of pay to the grievant, union representatives,

or witnesses.

If the employer and the council fail to settle any grievance arising under Article X XI— Grievance

Procedure, with respect to the interpretation, application, or alleged violation of this agreement,

or of any policy or regulation of the activity, such grievance shall upon written notice by the party

requesting arbitration, and the approval of the employee concerned, be referred to arbitration. Such

written notice must be served not later than 30 working days following conclusion of the third step

of the grievance procedure.

Within 7 working days from the date of receipt of the arbitration request, the parties shall meet for

the purpose of endeavoring to agree on the selection of an arbitrator. If agreement cannot be reached,

then either party may request the Federal Mediation and Conciliation Service to submit a list of

five impartial persons qualified to act as arbitrators. The parties shall meet within 3 working days

after the receipt of such list. If they cannot mutually agree upon one of the listed arbitrators, then

the employer and the council w ill each strike one arbitrator's name from the list of five and shall

then repeat this procedure. The remaining name shall be the duly selected arbitrator.

The fee and expenses of the arbitrator shall be borne equally by the employer and the council,

provided that the employer's share of the per diem cost of the arbitrator's fee does not exceed that

authorized by applicable regulations. The arbitration hearing shall be held during the regular day

shift work hours of the basic workweek of Monday through Friday and the employee representative,

employee appellants and employee witnesses shall be in a pay status without charge to annual leave

while participating in the arbitration proceedings.

The arbitrator is requested by the parties to render his decision as quickly as possible but in any

event no later than 30 days after the conclusion of the hearings unless the parties otherwise agree. (19)

Eight agreements, covering mainly maritime personnel, specifically

waived the use of grievance arbitration for the present.

Until such time as additional experience is gained by both parties under the operation of the agreement, it is resolved that the subject of advisory arbitration of grievances not be included in this

agreement. Should future experience show an appreciable number of irreconcilable differences, this

matter may be reopened in accordance with section 4, Article X (Reopenings and Amendments). (113)

In one agreement, advisory arbitration was available for individual but

not for group grievances, defined as follows:

Individual Grievance. An individual grievance is an em ployee's expressed feeling of dissatisfaction

with aspects of his working conditions and relationships which are outside his control, the solution

or settlement of which will usually affect only that particular individual.

Group Grievances. Matters affecting general working conditions which may be matters of employee

concern, such as those regarding general policy, administrative practice and working conditions.

Group grievances are not subject to advisory arbitration. This type of grievance may go through all

the steps set forth in this plan up to "advisory arbitration. "

If the director's decision is not acceptable to the union, the group grievance matter may be referred

by the union to the Secretary of the Navy via NPPS, Washington, D. C .

Individual or identical grievances may be subject to advisory arbitration if the employee(s)

elect . . . (116)

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Supplemental Agreements

By late summer 1964, parties to 30 of the 208 nonpostal agreements

had negotiated supplements to the basic agreements which, in almost all cases,

addressed themselves to two issues or more. About two-thirds of the basic

agreements, it is of interest to note, contained little more than recognition

clauses and restatements of several sections of the Executive order.

The subject most frequently dealt with in these supplements was the establishment of a grievance procedure, added to 12 contracts. Next in prevalence

were aspects of hours of work and rights of union stewards (nine agreements

each) and union representation on various committees (eight). Provisions for

dues checkoff were found in seven supplements, as were those on matters relating to annual and sick leave. Scattered through several other supplements

were clauses dealing with promotion policies, training, work by supervisors,

and subsistence and quarters allowances for seagoing personnel. Almost all of

these aspects have been accounted for in the appropriate sections of this bulletin.

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Chapter III. Provisions in the National Postal Agreement

The approximately 471,000 postal employees accounted for by the departmentwide Post Office agreement with six unions, 15 as noted earlier in this bulletin,

represented the largest group of Federal employees covered by a collective bargaining agreement negotiated under Executive Order 10988. In addition to the

national agreement, local post offices and various postal unions are expected to

negotiate more than 20,000 supplementary local agreements, in the future (more

than 12,000 had been reached during 1964). Such agreements, however, since

they deal with purely local situations, are outside the scope of this study.

The employee organizations which are parties to the nationwide agreement received exclusive recognition on September 11, 1962. Their employment

coverage and their total membership for 1964, according to reports submitted to

the Bureau were as follows:

Employment 1964

Employee organizations coverage membership2

United Federation of Postal Clerks ---------------------------------------- 228,740 139,000

National Association of Letter Carriers of the

United States of America--------------------------------------------------------- 171,351 167,913

National Rural Letter Carriers* Association (In d .)--------------------- 43,276 42,300

National Association of Post Office and General Services

Maintenance Employees (In d .)----------------------------------------------------- 19,805 8,424

National Federation of Post Office Motor Vehicle Employees____ 4,224 6,200

The National Association of Special Delivery Messengers_________ 4,018 1,500

1 The Post Office Mail Handlers, because of the recognition date, are not accounted for 

in the above tabulation. (See footnote 15.)

Source: Reports submitted for the forthcoming Directory of National and International 

Labor Unions in the United States, 1965.

NOTE: All unions are AFL-CIO affiliates unless designated independent (Ind.).

Labor-management activities, however, are not limited to employee

organizations having exclusive status. The Department also deals with six other

organizations, including three associations of supervisors, which had secured

formal recognition by late summer 1964.

1 Date of

Employee organizations recognition

National Association of Post Office Mail Handlers,

Watchmen, Messengers and Group L eaders----------------------- Sept. 11, 1962

National Alliance of Postal Employees (Ind.)--------------------- Sept. 11, 1962

National Association of Postal Supervisors (Ind.)--------------- Apr. 1, 1963

National Postal Union (In d.)---------------------------------------------- Sept. 1, 1962

National Association of Postmasters (Ind.)------------------------ Apr. 1, 1963

National League of Postmasters of the United States (Ind.)— Apr. 1, 1963

1964 . .

membership £

29,000

26,000

28,000

62,000

33,881

14,500

See notes to the tabulation above.

The National Association of Post Office Mail Handlers, Watchmen, Messengers and Group Leaders (AFL-CIO)

received exclusive recognition from the Post Office Department on Dec. 8, 1964, and on Feb. 18, 1965, became

the seventh union to be covered by the National Postal Agreement. As of late 1964, the total number of workers

covered had risen to 515, 000.

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The initial national agreement, signed on March 20, 1963, was in effect

from April 1, 1963, to March 31, 1964. The second agreement was signed on

June 18, 1964, to run from July 1, 1964, until October 31, 1965. Several key

features of the second agreement are described in the following sections. 16

The postal agreement is noteworthy not only for the extent of its worker

coverage (it is the largest agreement in the United States with a single employer),

but also, when compared with other Federal agreements, for the scope and detail of its provisions. Its 25 articles and 5 supplements (for particular crafts)

cover 87 printed pages. A number of provisions deal with issues which relate

specifically to postal operations, such as ’’Tools for Vehicle Maintenance Personnel," "City Carrier Transportation (Driveout) Agreements, " "Heavy Duty Compensation,’’ and "Uniform s." Other provisions follow the practice of Federal

agreements generally of incorporating parts of the Executive order, such as the

ban, in section 2, on strikes, discrimination, and subversive activities. An

interesting departure occurs in the agreement* s section dealing with management

rights. As required by section 7(1) of the order, the agreement emphasizes that

it is subject to all laws and regulations, but then goes on to say, "except as

provided in article XXIV, entitled Postal Manual Conflict. " This article reads

as follows:

To the extent provisions of the Postal Manual which are in effect on the effective or renewal date

of the agreement are in conflict with this agreement the provisions of this agreement w ill govern.

Since this agreement is national in scope, it covers, in addition to labormanagement relations at the national and regional level, procedures which are to

govern local negotiations and alleged violations of the national agreement at local

installations.

At the national level, it calls for regular monthly meetings between Post

Office and union officials "to confer, but not negotiate, with respect to nationwide

personnel policies and practices and matters affecting working conditions, matters

affecting the basic agreement, supplements thereto and interpretations and disputes

arising out of local agreements. " Disputes concerning local agreements, however,

must first be considered at the local and regional levels.

Regional meetings, designed to achieve "full and complete communication

from management to employee and employee to management, " are to be held at

least quarterly, at no loss of pay to employee representatives.

Similar quarterly meetings are to be held at local installations, but may

be dispensed with at small post offices "where there exists daily contact between

the postmaster and all or the majority employees ..." While the total number

of employees who may attend such meetings is a matter for local negotiations, the

number authorized on official time is designated as follows:

One representative from each craft or occupational group having exclusive recognition with 25 or

less regular employees; 2 representatives from each craft or occupational group having exclusive

recognition with 26 or more regular employees. Craft or occupational groups represented by an

employee organization not having exclusive recognition shall not be invited or attend these meetings.

Extensive rules are set forth for the conduct of local negotiations, dealing

with such procedural aspects as time and place of meetings, designation of spokesmen, various committees, availability of specialists and technicians, use of written

^ Note that wages and fringe benefits for postal employees are prescribed by statute. Different wage schedules are in effect for Post Office headquarters employees and those in the field service.

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proposals and counter-proposals, etc. On the methods for resolving a local contract deadlock, the agreement has this to say:

It is mutually agreed that an impasse occurs only after both parties have presented proposals and

counter-proposals in good faith and both parties have considered the proposals and counter-proposals

of the other party in good faith and despite such honest and diligent efforts no agreement can be

reached on the subject being negotiated.

When it has been determined that an impasse has been reached, the following shall be the procedures:

Impassee items shall be reported at the conclusion of the 10th and 20th days of the negotiation

period to the special assistant for employee relations and the regional representative of the

organization(s) for recommendations. Such submission shall be signed by the chief negotiator

of both parties.

Furthermore, issues not resolved during negotiations may be reopened

by mutual consent 6 months after the local agreement's effective date.

Local agreements are subject to review by regional post office and union

officials for conformance with the national agreement, laws, and postal regulations. If a particular provision is held to be invalid, the matter can then be

resolved at successively higher levels of authority:

In order to preserve the spirit in which these negotiations were entered into and the agreements

reached, the review shall not result in an invalidation of an entire article covering a particular

subject because one of the provisions of the article is alleged to be invalid. If the regional and

employee organization reviewers agree that deletion, addition, or re-wording of an article or provision can be made without changing the intent or operation of the article or provisions in question,

it shall be remanded to the postmaster and local employee organization with the suggested language

changes. Such suggestions w ill not be adopted except by mutual consent of both parties at the

local level.

Should the review result in an allegation that there is a conflict in law, the Postal Manual or the

national agreement, and supplements thereto, consultation shall be arranged between the regional

special assistant for employee relations and the regional representative of the organization concerned.

If the matter can be resolved by means of this consultation, the postmaster and local employee

organization shall be notified of the decision agreed upon.

I n n o c a s e s h a l l a n a r t i c l e o r p r o v i s i o n b e i n v a l i d a t e d u n t i l a f t e r i t h a s b e e n r e v i e w e d b y t h e r e g i o n a l 

official and the employee organization representative.

If the issue cannot be resolved at the regional level it shall be forwarded to the special assistant for

employee relations, bureau of personnel, who will review the alleged invalidation with the representative of the employee organization concerned. Notification of the decision arrived at shall be

given to parties involved.

If the alleged invalidation deals with an interpretation of the national agreement or supplements

thereto, and an employee organization other than one having exclusive recognition at the national

level is involved, the employee organization that has exclusive recognition for the craft shall be

present at the meeting with the special assistant for employee relations, bureau of personnel and the

employee organization.

Charges concerning violations of the national agreement at the local level

are to be filed with a designated regional postal official. If the charge is upheld, the installation head is to be ’’advised" to take corrective action. If not

upheld, the official and union representatives will attempt to settle the dispute on

the basis of previous interpretations made at the national level. Failing this,

the dispute is then referred to Washington for joint discussions and, by mutual

agreement, can be submitted to advisory arbitration.

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Two related topics, discipline and actions arising therefrom, are treated

at length in separate sections. Article VIII, Policy on Discipline, emphasizes

that Mthe action taken shall be corrective rather than punitive and that it must

be influenced by impartial considerations of the dignity of the individual, justice

and equality." Two types of disciplinary actions are described— informal, to consist of discussions, counseling, and a letter of warning; and formal, leading to

reprimand, suspension, and finally, removal. An elaborate appeals procedure

is available to employees faced with an "adverse action" (suspension, discharge,

furlough without pay, and reduction in rank or compensation). The notice of

proposed adverse action against an employee "must state specifically and in detail the reason for the action thereby affording the employee a fair opportunity

of offering refutation to the charges ..." The employee can then present his

case to a hearing officer who subsequently "will present a summary of the hearing

and his findings of fact as well as other record evidence to the regional director . . . The hearing officer shall not make any recommendation for a decision

or state whether or not charges are sustained. " Ten days later, the regional

director notifies the employee of his decision who, in turn, has the choice of

either asking for advisory arbitration or bypassing this step by appealing directly

to the Departments Board of Review and Appeals. The board may, at its discretion, schedule a second hearing. Its decision "is final . . . and shall be

considered as the decision of the Postmaster General. In cases involving policy

matters the board may make privileged recommendations to the Postmaster

General who will render the final decision. " The possibility of further appeals

to the Postmaster General would seem to be available under the following clause:

The Postmaster General retains the authority to review particular decisions of the Department's Board

of Appeals and Review and to direct further consideration.

The negotiated grievance procedure applies to any employee1 s "dissatisfaction" arising out of his job and where "the remedy sought is within the authority

of the Postmaster General . . . " , and can also be invoked in promotion disputes

and alleged violations of local agreements.

Supervisors, the contract stresses, should try to resolve misunderstandings and problems before they develop into formal grievances. "To this

end, the practice of friendly discussions of problems between employees and their

supervisors is not only encouraged but directed. " Under this policy, the initial

meetings involve the employee, his union representative, the immediate supervisor, and the installation head. If these meetings fail to settle the grievance,

it is then submitted in writing to the installation head for decision. Subsequently,

the aggrieved employee can, within designated time limits, call for a hearing or

he can appeal directly to the regional director (the so-called "second level of

appeal"). In either case, the next decision is made by the regional director.

The hearing committee is made up of the following members:

The grievant w ill name the person of his choice to be a member, the installation head w ill name

the second member, and these two members w ill agree, within 3 working days, on a third member

who w ill act as chairman. A ll three members must be employees of the postal service . . .

As for the conduct of the hearing the agreement stipulates these rules:

. . . While the hearing com mittee w ill listen to and ask questions of both sides, there shall be no

confrontation of witnesses nor shall either side be permitted to cross-examine the other . . .

. . . While the hearings w ill not be lim ited by legal rules of evidence and procedures, testimony

should be within reasonable bounds of relevancy . . . The grievant and his representative shall be

present throughout the hearing.

An abstract of the proceedings covering all pertinent facts shall be kept. The abstract shall be signed

by and copies furnished to all members of the hearing com m ittee. Within 5 working days after the

completion of the hearing, the hearing com mittee shall furnish the installation head, the grievant

and his representative with a summary of the hearing together with its decision . . .

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One of two further appeal steps are available to a grievant dissatisfied

with the regional directors decision: (1) He can ask for advisory arbitration,

or (2) he can submit his case to the Departments Bureau of Review and Appeals.

The latter body functions here in the same way as in adverse action cases. Its

decision is final, but the agreement also states that "These procedures in no way

impair the residual authority of the Postmaster General," thereby perhaps permitting a further consideration of cases.

The role of the union in the grievance process is set forth in a separate section:

The exclusive organization at each level has the following rights in grievance matters processed at

that level:

(1) To be notified of the time and place of the proceedings at each step of the grievance b egining with discussion with the head of the installation or designee.

(2) To be present at all steps of the grievance procedure. (No right to be present at initial

contact with the supervisor if the aggrieved has not selected a representative. )

(3) The organization, if any, with exclusive recognition at the level where the grievance is

being processed shall be furnished with a copy of the written decision and summary, at any step

at which a written decision and/or summary is involved.

(4) If not the designated representative of the grievant, shall have an opportunity to state the

exclusive organization's position on the grievance. This right shall be exercised only one tim e,

at each step, and shall follow the presentation made by the employee and/or his representative.

Advisory arbitration, as noted earlier, can be resorted to in adverse

actions and grievances after the first and second level of appeal, respectively, 17

but, by mutual consent, can also be used to resolve differences regarding the

meaning and application of agreement provisions, including violations of the national agreement at local installations.

Before arbitration can be invoked, the union must agree to pay one-half

of the cost. The arbitrator is selected by the parties from a list of five furnished by the Federal Mediation and Conciliation Service. On the matter of

procedural rules and powers of the arbitrator, the agreement provides:

The method to be used in arbitrating the dispute is under the arbitrator's jurisdiction and control,

subject to such rules and procedures as the parties may jointly prescribe. He is to make his own

awards and write his own opinions based on the record established. He may not delegate this duty

and responsibility to others in whole or in part without the knowledge and prior consent of both

parties. The power o f the arbitrator may be exercised in the absence of any party, who after due

notice, fails to be present or obtain a postponement. The advisory award of the arbitrator, however, must be supported by evidence as it cannot be based solely upon the default of a party.

The arbitrators decision is subject to further appeals by either party

within 10 days after receipt of the award.

17 For employees employed at local post offices, this level of appeal is, in both cases, the regional director.

For most other— and generally sm aller - -groups, such as those employed in m ail equipment shops, supply centers,

money order audit offices, etc. , the designated official is the bureau head.

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Appendix A

Executive Order 10988 18

Employee-Management Cooperation In 

The Federal Service

Whereas participation of employees in the formulation and implementation of p e rsonnel policies affecting them contributes to effective conduct of public business; and

Whereas the efficient administration of the Government and the well-being of em ployees require that orderly and constructive relationships be maintained between employee 

organizations and management officials; and

Whereas subject to law and the paramount requirements of the public service, 

employee-management relations within the Federal Service should be improved by providing 

employees an opportunity for greater participation in the formulation and implementation of 

policies and procedures affecting the conditions of their employment; and

Whereas effective employee-management cooperation in the public service requires 

a clear statement of the respective rights and obligations of employee organizations and 

agency management:

Now, th erefore, by virtue of the authority vested in me by the Constitution of the 

United States, by section 1753 of the Revised Statutes (5 U.S.C. 631), and as President of 

the United States, I hereby direct that the following policies shall govern officers and agencies 

of the executive branch of the Government in all dealings with Federal employees and organizations representing such employees.

Section 1. (a) Employees of the F ederal Government shall have, and shall be 

protected in the exercise of, the right, freely and without fear of penalty or reprisal, to 

form , join and assist any employee organization or to refrain from any such activity.

Except as hereinafter expressly provided, the freedom of such employees to assist any

employee organization shall be recognized as extending to participation in the management 

of the organization and acting for the organization in the capacity of an organization re p re ­

sentative, including presentation of its views to officials of the executive branch, the Congress 

or other appropriate authority. The head of each executive department and agency (hereinafter referred to as "agency") shall take such action, consistent with law, as may be 

required in order to assure that employees in the agency are apprised of the rights described 

in this section, and that no interference, restraint, coercion or discrimination is practiced 

within such agency to encourage or discourage membership in any employee organization.

(b) The rights described in this section do not extend to participation in the management of an employee organization, or acting as a representative of any such organization, 

where such participation or activity would result in a conflict of interest or otherwise be 

incompatible with law or with the official duties of an employee.

Section 2. When used in this order, the term "em ployee organization" means any 

lawful association, labor organization, federation, council, or brotherhood having as a 

prim ary purpose the improvement of working conditions among Federal employees, or any 

craft, trade or industrial union whose membership includes both Federal employees and 

employees of private organizations; but such term shall not include any organization (1) which 

asserts the right to strike against the Government of the United States or any agency thereof, 

or to assist or participate in any such strike, or which imposes a duty or obligation to conduct, assist or participate in any such strike, or (2) which advocates the overthrow of the constitutional form of Government in the United States, or (3) which discriminates with regard to 

the terms or conditions of membership because of race, color, creed, or national origin.

18 27 Federal Register 551.

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Section 3. (a) Agencies shall accord informal, form al or exclusive recognition to

employee organizations which requests such recognition in conformity with the requirements 

specified in sections 4, 5, and 6 of this order, except that no recognition shall be accorded 

to any employee organization which the head of the agency considers to be so subject to 

corrupt influences or influences opposed to basic democratic principles that recognition 

would be inconsistent with the objectives of this order.

(b) Recognition of an employee organization shall continue so long as such organization satisfies the criteria of this order applicable to such recognition; but nothing in 

this section shall require any agency to determine whether an organization should become 

or continue to be recognized as exclusive representative of the employees in any unit within 

1Z months after a prior determination of exclusive status with respect to such unit h a s 

been made pursuant to the provisions of this order.

(c) Recognition, in whatever form accorded, shall not—

(1) Preclude any employee, regardless of employee organization membership, 

from bringing matters of personal concern to the attention of appropriate officials in 

accordance with applicable law, rule, regulation, or established agency policy, or from 

choosing his own representative in a grievance or appellate action; or

(Z) Preclude or restrict consultations and dealings between an agency and any 

veterans organization with respect to matters of particular interest to employees with 

veterans preference; or

(3) Preclude an agency from consulting or dealing with any religious, social, 

fraternal or other lawful association, not qualified as an employee organization, with 

respect to matters or policies which involve individual members of the association or 

are of particular applicability to it or its members, when such consultations or dealings 

are duly limited so as not to assume the character of formal consultation on matters 

of general employee-management policy or to extend to areas where recognition of the 

interests of one employee group may result in discrimination against or injury to the 

interests of other employees.

Section 4. (a) An agency shall accord an employee organization, which does not

qualify for exclusive or form al recognition, informal recognition as representative of its 

member employees without regard to whether any other employee organization has been 

accorded formal or exclusive recognition as representative of some or all employees in 

any unit.

(b) When an employee organization has been informally recognized, it shall, to the 

extent consistent with the efficient and orderly conduct of the public business, be permitted 

to present to appropriate officials its views on matters of concern to its members. The 

agency need not, however, consult with an employee organization so recognized in the form u ­

lation of personnel or other policies with respect to such matters.

Section 5. (a) An agency shall accord an employee organization form al recognition

as the representative of its m em bers in a unit as defined by the agency when (1) no other 

employee organization is qualified for exclusive recognition as representative of employees 

in the unit, (Z) it is determined by the agency that the employee organization has a substantial and stable membership of no less than 10 per centum of the employees in the unit, 

and (3) the employee organization has submitted to the agency a roster of its officers and 

representatives, a copy of its constitution and by-laws, and a statement of objectives. 

When, in the opinion of the head of an agency, an employee organization has a sufficient 

number of local organizations or a sufficient total membership within such agency, such 

organization may be accorded form al recognition at the national level, but such recognition 

shall not preclude the agency from dealing at the national level with any other employee 

organization on matters affecting its members.

(b) When an employee organization has been form ally recognized, the agency, 

through appropriate officials, shall consult with such organization from time to time in the 

formulation and implementation of personnel policies and practices, and matters affecting 

working conditions that are of concern to its members. Any such organization shall be 

entitled from time to time to raise such matters for discussion with appropriate officials

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and at all times to present its views thereon in writing. In no case, however, shall an 

agency be required to consult with an employee organization which has been form ally r e c ­

ognized with respect to any matter which, if the employee organization were one entitled 

to exclusive recognition, would not be included within the obligation to meet and confer, as 

described in section 6(b) of this order.

Section 6. (a) An agency shall recognize an employee organization as the exclusive

representative of the employees in an appropriate unit when such organization is eligible 

for form al recognition pursuant to section 5 of this order, and has been designated 

or selected by a m ajority of the employees of such unit as the representative of such 

employees in such unit. Units may be established on any plant or installation, craft, functional or other basis which w ill ensure a clear and identifiable community of interest among 

the employees concerned, but no unit shall be established solely on the basis of the extent 

to which employees in the proposed unit have organized. Except where otherwise required 

by established practice, prior agreement, or special circumstances, no unit shall be established for purposes of exclusive recognition which includes (1) any managerial executive,

(2) any employee engaged in Federal personnel work in other than a purely clerical capacity,

(3) both supervisors who officially evaluate the performance of employees and the employees 

whom they supervise, or (4) both professional employees and nonprofessional employees 

unless a m ajority of such professional employees vote for inclusion in such unit.

(b) When an employee organization has been recognized as the exclusive re p re ­

sentative of employees of an appropriate unit it shall be entitled to act for and to negotiate 

agreements covering all employees in the unit and shall be responsible for representing the 

interests of a l l such employees without discrimination and without regard to employee 

organization membership. Such employee organization shall be given the opportunity to be 

represented at discussions between management and employees or employee representatives 

concerning grievances, personnel policies and practices, or other matters affecting general 

working conditions of employees in the unit. The agency and such employee organization, 

through appropriate officials and representatives, shall meet at reasonable times and confer 

with respect to personnel policy and practices and matters affecting working conditions, so 

far as may be appropriate subject to law and policy requirements. This extends to the 

negotiation of an agreement, or any question arising thereunder, the determination of appropriate techniques, consistent with the terms and purposes of this order, to assist in such 

negotiation, and the execution of a written memorandum of agreement or understanding incorporating any agreement reached by the parties. In exercising authority to make rules and 

regulations relating to personnel policies and practices and working conditions, agencies shall 

have due regard for the obligation imposed by this section, but such obligation shall not be 

construed to extend to such areas of discretion and policy as the mission of an agency, its 

budget, its organization and the assignment of its personnel, or the technology of performing 

its work.

Section 7. Any basic or initial agreement entered into with an employee organization 

as the exclusive representative of employees in a unit must be approved by the head of the 

agency or any official designated by him. All agreements with such employee organizations 

shall also be subject to the following requirements, which shall be expressly stated in the 

initial or basic agreement and shall be applicable to all supplemental, implementing, subsidiary or informal agreements between the agency and the organization:

(1) In the administration of all matters covered by the agreement officials and 

employees are governed by the provisions of any existing or future laws and regulations, 

including policies set forth in the Federal Personnel Manual and agency regulations, 

which may be applicable, and the agreement shall at all times be applied subject to 

such laws, regulations and policies;

(2) Management officials of the agency retain the right, in accordance with applicable laws and regulations, (a) to direct employees of the agency, (b) to hire, promote, 

transfer, assign, and retain employees in positions within the agency, and to suspend, 

demote, discharge, or take other disciplinary action against employees, (c) to relieve 

employees from duties because of lack of work or for other legitimate reasons, (d) to 

maintain the efficiency of the Government operations entrusted to them, (e) to determine 

the methods, means and personnel by which such operations are to be conducted; and 

(f) to take whatever actions may be necessary to carry out the m ission of the agency 

in situations of emergency.

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Section 8. (a) Agreem ents entered into or negotiated in accordance with this order

with an employee organization which is the exclusive representative of employees in an 

appropriate unit may contain provisions, applicable only to employees in the unit, concerning 

procedures for consideration of grievances. Such procedures (1) shall conform to standards 

issued by the Civil Service Commission, and (Z) may not in any manner diminish or impair 

any rights which would otherwise be available to any employee in the absence of an agreement 

providing for such procedures.

(b) Procedures established by an agreement which are otherwise in conformity with 

this section may include provisions for the arbitration of grievances. Such arbitration

(1) shall be advisory in nature with any decisions or recommendations subject to the approval of the agency head; (Z) shall extend only to the interpretation or application of a g reements or agency policy and not to changes in or proposed changes in agreements or agency 

policy; and (3) shall be invoked only with the approval of the individual employee or employees 

concerned.

Section 9. Solicitation of memberships, dues, or other internal employee organization business shall be conducted during the nonduty hours of the employees concerned.

O fficially requested or approved consultations and meetings between management officials 

and representatives of recognized employee organizations shall, whenever practicable, be 

conducted on official time, but any agency may require that negotiations with an employee 

organization which has been accorded exclusive recognition be conducted during the nonduty 

hours of the employee organization representatives involved in such negotiations.

Section 10. No later than July 1, 196Z, the head of each agency shall issue appropriate policies, rules and regulations for the implementation of this order, including: A

clear statement of the rights of its employees under the order; policies and procedures 

with respect to recognition of employee organizations; procedures for determining appropriate 

employee units; policies and practices regarding consultation with representatives of employee 

organizations, other organizations and individual employees; and policies with respect to the 

use of agency facilities by employee organizations. Insofar as may be practicable and 

appropriate, agencies shall consult with representatives of employee organizations in the 

formulation of these policies, rules and regulations.

Section 11. Each agency shall be responsible for determining in accordance with 

this order whether a unit is appropriate for purposes of exclusive recognition and, by an 

election or other appropriate means, whether an employee organization represents a m ajority 

of the employees in such a unit so as to be entitled to such recognition. Upon the request 

of any agency, or of any employee organization which is seeking exclusive recognition and 

which qualifies for or has been accorded form al recognition, the Secretary of Labor, subject 

to such necessary rules as he may prescribe, shall nominate from the National Panel of 

Arbitrators maintained by the Federal Mediation and Conciliation Service one or more qualified arbitrators who will be available for employment by the agency concerned for either 

or both of the following purposes, as may be required: (l) To investigate the facts and 

issue an advisory decision as to the appropriateness of a unit for purposes of exclusive 

recognition and as to related issues submitted for consideration; (Z) to conduct or supervise 

an election or otherwise determine by such means as may be appropriate, and on an advisory 

basis, whether an employee organization represents the m ajority of the employees in a unit. 

Consonant with law, the Secretary of Labor shall render such assistance as may be appropriate in connection with advisory decisions or determinations under this section, but the 

necessary costs of such assistance shall be paid by the agency to which it relates. In the 

event questions as to the appropriateness of a unit or the m ajority status of an employee 

organization shall arise in the Department of Labor, the duties described in this section 

which would otherwise be the responsibility of the Secretary of Labor shall be perform ed 

by the Civil Service Commission.

Section 1Z. The C ivil Service Commission shall establish and maintain a program 

to assist in carrying out the objectives of this order. The Com m ission shall develop a p ro ­

gram for the guidance of agencies in employee-management relations in the Federal Service; 

provide technical advice to the agencies on employee-management programs; assist in the 

development of programs for training agency personnel in the principles and procedures of 

consultation, negotiation and the settlement of disputes in the Federal Service, and for the

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training of management officials in the discharge of their employee-management relations 

responsibilities in the public interest; provide for continuous study and review of the Federal 

employee-management relations program and, from time to time, make recommendations 

to the President for its improvement.

Section 13. (a) The C ivil Service Commission and the Department of Labor shall 

jointly prepare (1) proposed standards of conduct for employee organizations and (2) a 

proposed code of fair labor practices in employee-management relations in the Federal 

Service appropriate to assist in securing the uniform and effective implementation of the 

policies, rights and responsibilities described in this order.

(b) There is hereby established the President's Tem p orary Committee on the Im plementation of the Federal Employee-Management Relations Program . The Committee shall 

consist of the Secretary of Labor, who shall be chairman of the Committee, the Secretary 

of Defense, the Postm aster General, and the Chairman of the Civil Service Commission. 

In addition to such other matters relating to the implementation of this order as may be 

referred to it by the President, the Committee shall advise the President with respect to 

any problems arising out of completion of agreements pursuant to sections 6 and 7, and 

shall receive the proposed standards of conduct for employee organizations and proposed 

code of fair labor practices in the Federal Service, as described in this section, and report 

thereon to the President with such recommendations or amendments as it may deem appropriate. Consonant with law, the departments and agencies represented on the Committee 

shall, as may be necessary for the effectuation of this section, furnish assistance to the 

Committee in accordance with section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 

691). Unless otherwise directed by the President, the Committee shall cease to exist 30 

days after the date on which it submits its report to the President pursuant to this section.

Section 14. The head of each agency, in accordance with the provisions of this 

order and regulations prescribed by the Civil Service Commission, shall extend to all em ­

ployees in the competitive civil service rights identical in adverse action cases to those 

provided preference eligibles under section 14 of the Veterans' P referen ce Act of 1944, as 

amended. Each employee in the competitive service shall have the right to appeal to the 

Civil Service Commission from an adverse decision of the administrative officer so acting, 

such appeal to be processed in an identical manner to that provided for appeals under section 14 of the Veterans' P referen ce Act. Any recommendation by the Civil Service Com ­

mission submitted to the head of an agency on the basis of an appeal by an employee in the 

competitive service shall be complied with by the head of the agency. This section shall 

become effective as to all adverse actions commenced by issuance of a notification of p ro ­

posed action on or after July 1, 1962.

Section 15. Nothing in this order shall be construed to annul or modify, or to 

preclude the renewal or continuation of, any lawful agreement heretofore entered into between 

any agency and any representative of its employees. Nor shall this order preclude any 

agency from continuing to consult or deal with any representative of its employees or other 

organization prior to the time that the status and representation rights of such representative 

or organization are determined in conformity with this order.

Section 16. This order (except section 14) shall not apply to the F ederal Bureau 

of Investigation, the Central Intelligence Agency, or any other agency, or to any office, 

bureau or entity within an agency, prim arily performing intelligence, investigative, or 

security functions if the head of the agency determines that the provisions of this order 

cannot be applied in a manner consistent with national security requirements and considerations. When he deems it necessary in the national interest, and subject to such conditions 

as he may prescribe, the head of any agency may suspend any provision of this order (except section 14) with respect to any agency installation or activity which is located outside 

of the United States.

/s/ John F. Kennedy

THE WHITE HOUSE, 

January 17, 1962.

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Appendix B

Standards of Conduct For Employee 

Organizations and Code of Fair Labor Practices 19

Section 1. 1. Purpose and Scope. These Standards of Conduct for Employee O rganizations and the Code of Fair Labor Practices in Employee-Management Cooperation in the 

Federal Service are issued pursuant to Executive Order No. 10988. Their purpose is to 

assist in securing the uniform and effective implementation of the policies, rights, and 

responsibilities described in the order by fixing m ore definitely the responsibilities of 

employee organizations and agencies, providing m ore detailed criteria for the protection 

of rights secured under the order, and establishing procedures in both of these areas 

which w ill assure a necessary measure of uniformity within the executive branch of the 

Federal Government.

Section 1. 2. Definitions

(a) "O rd e r" means Executive Order No. 10988.

(b) "A g e n c y ," "em ployee organization," and "em ployee" have the same meaning as 

in the order.

(c) "Agency management" includes the agency head, and all management officials 

and representatives of management having authority to act for the agency on any matters 

relating to the implementation of the agency em ployee-management cooperation program as 

established under the order.

(d) "Recognition" means recognition which is or may be accorded to an employee 

organization pursuant to the provisions of the order.

Section 1. 3. General Responsibilities of the C ivil Service Com m ission. The C ivil

Service Commission, in accordance with the provisions of section 12 of the order, shall 

be responsible for the dissemination of information with respect to the Standards of Conduct 

and Code of F a ir Labor P ra ctices, and shall insure an adequate exchange of information 

between agencies as to its application and enforcement.

PAR T A

Standards of Conduct For Employee Organizations

Section 2. 1. Application. The provisions of this P a rt are applicable to all agencies

subject to the provisions of the order and to all employee organizations accorded recognition 

under the order.

Section 2. 2. Standards of Conduct. No agency shall accord recognition to any

employee organization unless the employee organization is subject to governing requirements, 

adopted by the organization or by a national or international employee organization or federation of employee organizations with which it is affiliated or in which it participates, 

containing explicit and detailed provisions to which it subscribes calling for the following:

(a) The maintenance of dem ocratic procedures and practices, including provisions 

for periodic elections to be conducted subject to recognized safeguards and provisions defining and securing the right of individual m em bers to participation in the affairs of the 

organization, to fair and equal treatment under the governing rules of the organization, and 

to fair process in disciplinary proceedings; *

*9 28 Federal Register 5127.

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(b) The exclusion from office in the organization of persons affiliated with Com m unist or other totalitarian m ovem ents and persons identified with corrupt influences;

(c) The prohibition of business or financial interests on the part of organization 

o ffic e rs and agents which con flict with their duty to the organization and its m em bers; and

(d) The maintenance of fis c a l in tegrity in the conduct of the a ffa irs of the o rg a ­

nization, including p rovision fo r accounting and financial controls and regu lar financial reports 

or sum m aries to be made available to m em bers.

Section 2. 3. Adoption of Standards. No agency shall deny, suspend, or withdraw 

recognition by reason of any alleged failu re to adopt or subscribe to standards of conduct 

as provided in section 2. 2 of this part unless it has fir s t notified the organization and the 

national or international organization with which it is affiliated of such alleged deficien cy 

and has afforded the organization a reasonable opportunity to make any amendments or 

m odifications or take any action that m ay be required. In the event that any question 

arisin g under any provision of section 2. 2 is not resolved in a m utually acceptable manner, 

the agency shall consult with the S ecretary of Labor p rio r to making a fin al determ ination 

that an organization has failed to com ply with such provision s.

Section 2. 4. P rocedu re fo r Denial, Suspension or W ithdrawal of Recognition

(a) An em ployee organization which has adopted or subscribed to standards of conduct as provided in section 2. 2 of this part shall not be required to furnish other evidence of 

its freedom from influences d escribed in section 3(a) of the ord er unless ( l ) the agency 

has cause to b elieve that the organization has been suspended or expelled fro m or is subject 

to other sanction by a parent em ployee organization or labor organization or federation of 

such organizations with which it had been affiliated because it has dem onstrated an unw illingness or inability to com ply with governing requirem ents com parable in purpose to those 

required by section 2.2 of this part, or (2) recognition in any form has been denied, suspended, or withdrawn by any other agency pursuant to this part or section 3(a) of the 

ord er and such denial, suspension, or withdrawal rem ains in effect, or (3) there is re a ­

sonable cause to b elieve that the organization, notwithstanding its com pliance with section 

2. 2 is in fact subject to influences such as would preclude recognition pursuant to the order.

(b) In any case w here additional evidence is required pursuant to (l), (2), or (3)

of subsection (a) of this section, the agency shall not deny, suspend, or withdraw recognition 

on the basis of the exception stated in section 3(a) of the ord er unless it has afforded the 

em ployee organization an opportunity to present to the agency such reasons or considerations 

as it has to o ffer relating to why recognition should not be denied, suspended, or withdrawn. 

If this opportunity is requested, the agency shall prom ptly hold a hearing. Upon request 

the agency shall make available to the em ployee organization fo r use in the hearing a concise and accurate sum m ary of the facts on which the agency intends to rely in reaching its 

decision, together with a statem ent of the reasons fo r the agency action. In lieu of a 

sum m ary statement, the agency m ay make available to the em ployee organization the entire 

rep ort of the agency investigation. In any dispute over the accuracy or sufficiency of in fo rm ation so provided, the final determ ination shall be made by the agency head. The em ployee 

organization shall have an opportunity to be present at the hearing, to be represented by 

counsel, and to o ffer such o ra l and docum entary evidence as may be relevan t to the issue 

or issues in con troversy. Any determ ination to deny, suspend or withdraw recognition shall 

be made in w riting by the agency head.

(c) The agency m ay consult with the S ecretary of Labor before instituting any 

proceedings pursuant to clause (3) of subsection (a) of this section and shall consult with 

the S ecretary of Labor p rio r to taking any final action with respect to the denial, suspension, 

or withdrawal of recognition.

(d) W here an agency determ ination denying, suspending or withdrawing recognition 

of an em ployee organization is made in accordance with subsections (b) and (c) of this 

section after consultation with the S ecretary of Labor, any other agency may th ereafter deny, 

suspend or withdraw recognition as to such em ployee organization or subordinate a ffilia te 

thereof without regard to the procedures p rescrib ed in subsection (b) if such other agency has 

afforded such em ployee organization or subordinate a ffilia te thereof an opportunity to present 

such reasons and considerations as it m ay have to o ffer as to why such p rio r determ ination 

should not be follow ed, and such agency, on the basis of such subm ission and after consultation with the S ecretary of Labor, finds that further procedures are unnecessary.

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Section 2. 5. E ffective Dates

(a) The provision s of this part, other than section 2.4(b) and (c) as herein after 

provided, shall becom e effective im m ediately. No later than 6 months from such effective 

date, each agency shall adopt such perm anent procedures as m ay be n ecessary to im plem ent 

this part. Insofar as m ay be p racticable and appropriate, agencies shall consult with re p re ­

sentatives of recogn ized em ployee organizations in the form ulation of such procedures. 

Copies of any im plem enting regulations shall be m ade available to recogn ized em ployee 

organizations upon request.

(b) P r io r to the adoption of such perm anent procedu res, in making determ inations 

under the ord er with resp ect to em ployee organizations which seek or have been accorded 

recognition, no agency shall deny, suspend or withdraw such recognition on the basis of the 

exception stated in the ord er except in accordance with procedures conform ing as n early as 

possible to the requirem ents of section 2.4(b) and (c) of this part.

P A R T B

Code of F a ir Labor P ra ctices

Section 3. 1. A pplication. The provision s of this part are applicable to all agencies

subject to the provision s of the ord er and to all em ployee organizations accorded recognition 

under the order.

Section 3. 2. P roh ibited P ra ctices *1

(a) Agency m anagem ent is prohibited from :

(1) In terferin g with, restraining or coercin g any em ployee in the ex ercise of the 

rights assured by E xecutive O rder No. 10988, including those set forth in section

1 of the order;

(2) Encouraging or discouraging m em bership in any em ployee organization by 

discrim ination in regard to hiring, tenure, prom otion, or other conditions of 

em ploym ent;

(3) Sponsoring, controlling or otherw ise assisting any em ployee organization, 

except that an agency m ay furnish custom ary and routine services and fa cilities 

pursuant to section 10 of the ord er w here consistent with the best interests of the 

agency, its em ployees and the organization, and w here such services and fa cilities 

are furnished, if requested, on an im partial basis;

(4) D isciplining or otherw ise discrim inating against any em ployee because he 

has filed a com plaint or given testim ony under the order or under the Standards 

of Conduct for Em ployee O rganizations or Code of F a ir Labor P ra ctices;

(5) Refusing to accord appropriate recognition to an em ployee organization 

qualified fo r such recognition;

(6) Refusing to hear, consult, confer or negotiate with an em ployee organization 

as requ ired by the ord er.

(b) Em ployee organizations are prohibited from :

(1) In terferin g with, restraining or coercin g any em ployee in the ex ercise of 

the rights assured by E xecutive O rder No. 10988, including those set forth in 

section 1 of the ord er;

(2) Attem pting to induce agency m anagem ent to coerce any em ployee in the 

em joym ent of his rights under the ord er;

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(3) Coercing or attempting to coerce, or disciplining, any member of the organization as punishment or reprisal for, or for the purpose of hindering or impeding 

his discharge of his duties owed as an officer or employee of the United States;

(4) Calling or engaging in any strike, work stoppage, slowdown, or related 

picketing engaged in as a substitute for any such strike, work stoppage or slowdown, 

against the Government of the United States;

(5) Discriminating against any employee with regard to the terms or conditions 

of membership because of race, color, creed, or national origin.

(c) No employee organization which is accorded exclusive recognition shall deny 

membership to any employee in the appropriate unit except for failure to meet reasonable 

occupational standards uniformly required for admission, or for failure to tender initiation 

fees and dues uniformly required as a condition of acquiring and retaining membership, but 

nothing contained in this subsection shall preclude an employee organization from enforcing 

discipline in accordance with procedures under its constitution or bylaws which conform to 

the requirements set forth in section 2. 2(a) of the Standards of Conduct for Employee 

Organizations.

Section 3. 3. General Procedures for Enforcement

(a) Each agency shall provide fair and adequate procedures for the filing, investigation, and processing of complaints of violations of section 3. 2 which w ill cover all cases, 

except as provided in subsection (c) of this section, whether initiated by employees, an agency, 

or an employee organization, as follows:

(1) In cases initiated by an employee or several employees with the same complaint, in which the matter in issue is subject to an applicable grievance or appeals 

procedure within the agency, such procedure shall be the exclusive procedure used.

(2) All cases not covered by subsection (a)(1) and (c) of this section shall be 

processed under procedures which shall include provisions for the informal resolution or adjustment of complaints where possible; for the designation of an impartial 

hearing officer or panel of such officers; and, in cases where it appears that there 

is substantial basis for a complaint and the matter is not informally adjusted, for 

an opportunity for a hearing before a hearing officer or panel of such officers 

upon notice, for the right to be represented by counsel, and for findings of fact, 

or for findings of fact and recommendations, by such officers or panel. Such procedures shall not, however, be available for the rehearing of issues processed 

under the provisions of the Standards of Conduct or section 11 of the order. In 

performing the function provided for in this subsection, hearing officers shall be 

responsible directly to the agency head.

(b) Hearings held pursuant to subsection (a)(2) shall be informal, but rights of confrontation and cross-examination shall be preserved so far as may be necessary for the 

development of the facts, and the findings of fact or findings of fact and recommendations 

of the hearing officer or panel shall be based upon the record developed in the hearing. 

Copies of such findings of fact or findings of fact and recommendations shall be made 

available to the parties. In any proceeding under this section, the complainant or respondent 

shall be entitled to receive a concise and accurate summary of the facts relating to the 

complaint, and upon which the agency intends to rely, together with a statement of the 

reasons for the agency's action. The agency may, in lieu of a summary statement, make 

available to the complainant or respondent the entire report of the agency's investigation of 

the complaint. In a case in which the complainant or respondent is provided with a summary 

statement, the hearing officer shall have the right, upon request, to examine the entire 

record in such case, including all data gathered pursuant to an investigation, to determine 

that the summary is fair and accurate.

(c) Cases involving any strike, work stoppage, slowdown or related picketing engaged 

in as a substitute for any such strike, work stoppage or slowdown, shall be covered by 

such procedures and subject to such remedies and sanctions consistent with law as the 

agency head determines to be appropriate to the situation without regard to the limitations 

of this section or section 3. 4.

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Section 3. 4. Final D ecision and N o tice. A ll final decisions shall be in w ritin g 

and shall be furnished to the organization and the national or international organization with 

which it is affiliated. Such decisions shall include a statem ent of the findings and reasons 

in support of the decision. If the decision is that agency m anagem ent has engaged in a 

prohibited p ractice, the agency shall im m ediately take n ecessary action in accordance with 

the decision to rem edy the violation. If the decision is that an em ployee organization has 

engaged in a prohibited p ractice, the agency head shall notify the em ployee organization of 

the existence of such violation and request appropriate c o rre c tiv e action. F a ilu re of an 

em ployee organization to com ply with such request after the date on which it becom es 

effective shall be grounds for the withholding, or suspension of recognition until the violation 

has been rem edied, or fo r the withdraw al of recognition in appropriate cases as determ ined 

by the agency head.

Section 3. 5. E ffective Date

(a) The provision s of section 3. 2 of this part shall be effective im m ediately. No 

later than six months from such effective date, each agency shall adopt perm anent procedures 

to im plem ent this part. Insofar as m ay be practicab le and appropriate, agencies shall consult 

w ith rep resen tatives of em ployee organizations in the form ulation of such procedu res. Copies 

of any im plem enting regulations shall be made available to recogn ized em ployee organizations 

upon request.

(b) In making determ inations under section 3. 2 p rio r to the adoption of such p e r ­

manent procedu res, agencies shall as n early as p ossible conform to the basic procedu ral 

requirem ents of this part, and in no case w here an opportunity for hearing, or a final 

notice as described in section 3. 4, is required under this part shall an agency withhold, 

suspend, or withdraw recognition without an opportunity for such hearing or without such 

a final notice.

The W hite House, 

M ay 21, 1963

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Appendix C

Merit Staffing

Supplementary Agreement No. 2 between U.S. Department of Labor 

and Department of Labor Lodge 12, American Federation 

of Government Employees, AFL-CIO

The Department of Labor and Labor Lodge 12, AFGE, agree that the purposes and 

intent of this agreement are to ensure that employees are given full and fair consideration 

for advancement and to ensure selection from among the best-qualified candidates. It is 

further agreed that this agreement must be administered in such a way as to develop maximum 

possible employee confidence and to achieve the purposes of this agreement as simply and 

efficiently as possible.

Article I.

Locating Candidates and Publicizing Vacancies

Departmental candidates will be located through using the area of automatic consideration, through advertising, or through a combination of these methods. In addition to 

applying for advertised vacancies, any employee may place himself in an area of automatic 

consideration by applying in advance as described in Section 2c of this article.

1. A position must be advertised throughout the Department in the Washington area 

if an area of automatic consideration is not used, or contains less than five qualified candidates, or if candidates from outside the Department are to be considered. Copies of all 

such advertisements will be furnished to Labor Lodge 12.

Advertising will include the following information about such a position:

a. Title and grade

b. Geographic and organizational location

c. Summary statement of duties

d. Qualifications

e. Relative importance of the essential knowledges, skills, and abilities

f. Whether the area of automatic consideration is being used, and if so, what it is

g. Where additional information may be secured

h. Where applications should be sent

i. Closing date

2. Employees will be automatically considered, when an area of automatic consideration is used, as follows:

a. For positions at GS-13 and above— all bureau employees at the next lower grade 

in the same classification title and series as the vacant position.

b. For positions at GS-12 and below— all bureau employees in the Washington area 

who are at the next lower grade in the same classification title and series as the vacant 

position.

For clerical positions, if there are 20 employees or more qualified for a position 

who are located in a primary subdivision of a bureau, this subdivision shall be the area 

of automatic consideration.

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c. Advance application— all em ployees who have filed an advance application in the 

bureau fo r the grade and classification title and series of the position being fille d through 

use of the area of automatic consideration.

Em ployees m ay submit applications in advance fo r any specified occupational 

group and grade. These m ay be sent to any bureau in which the em ployee wishes to 

be considered. Such applications w ill rem ain active for 1 year from the date elig ib ility 

is determ ined.

d. When an area of automatic consideration is used, all em ployees in the automatic 

area who have worked in the Departm ent fo r at least 90 calendar days must be considered, 

plus all em ployees who have previou sly filed applications under section 2c of this article.

3. Each bureau personnel o ffice w ill publish a w eekly list of positions in the 

bargaining unit being fille d from within an area of automatic consideration. This list w ill 

be displayed in the Washington o ffices of the bureau issuing the lis t and a copy w ill be 

furnished Labor Lodge 12. The lis t w ill include organizational and building location fo r each 

position and any additional qualifications approved under a rticle II, section 1. The position 

w ill appear on the fir s t w eekly listing after the bureau personnel office determ ines that 

the position can be fille d from within an area of automatic consideration.

A rtic le II.

D eterm ining Basic E lig ib ility

Each em ployee who file s an application w ill be given prom pt notice in w riting by 

the bureau personnel office as to whether or not he m eets the qualification requirem ents 

fo r the position fo r which he applied.

1. Any qualifications required in addition to m andatory C iv il S ervice C om m ission 

standards must be approved by the Assistant A dm in istrative Assistant S ecreta ry and included 

in the announcement. Such additional requirem ents must be essential to the proper p e rfo rm ­

ance of the duties of the position. Additional qualifications concerning sex or physical 

condition w ill be approved only when required by the actual duties and w orking conditions 

of the position under c rite ria established by the C iv il S ervice Com m ission.

2. A ll candidates w ill be rated against the same standards without regard to race, 

religion , politics, or age. Sex or physical condition w ill be a factor in determ ining e lig ib ility only as specified in section 1.

3. No candidate m ay be elim inated from consideration on the basis of an additional 

standard not specified in the announcement or listing.

A rtic le III.

Grouping of Candidates

Candidates w ill be evaluated into two groups by qualifications rating exam iners or 

by m erit staffing panels. Standard Form s 57 or 58 and the annual su pervisory appraisal 

w ill be used fo r evaluations. The use of O fficia l Person n el F old ers w ill be m inim ized. 1

1. Evaluation by qualifications rating exam iners.

a. Q ualifications rating exam iners w ill be designated by the A ssistant A dm in istrative 

A ssistant S ecretary to rate fo r specified groups of positions. They must be either expert 

in the occupational field fo r which they are designated to rate, or be skilled in the 

evaluation of experien ce, education, and training.

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b. The im m ediate su pervisor m ay not serve as the qualifications rating exam iner for 

the position to be filled .

c. Management w ill advise the Lodge in advance of groups of positions to be serviced 

by qualifications rating exam iners and the names of persons to be appointed as exam iners.

2. Evaluation by M erit Staffing Panels.

a. Persons who serve on panels must be either expert in the occupational field of 

the vacancy and at a grade le v e l equal to or above the vacancy, or skilled in the 

evaluation of experience, education, and training.

b. The su pervisor of the vacant position m ay not serve on the panel fo r that position 

unless, in exceptional circum stances, p rior approval has been obtained from the Assistant 

A d m in istrative Assistant S ecretary. Labor Lodge 12 w ill be given tim ely notice of all 

situations in which such approval is given.

3. When, even after advertising, there are five or few er candidates, the evaluation 

required in sections 1 and 2 of this article w ill not be made. H ow ever, in making a selection 

in such a situation the selecting o ffic ia l w ill follow the procedures in a rticle IV, section 4.

4. No su pervisory or other em ployee shall in any way attempt to influence qu alifications rating exam iners or m em bers of the M erit Staffing Panel in the carryin g out of 

their resp on sib ilities.

5. Evaluation of candidates w ill be based on a review of each individual's total background to determ ine the extent to which he possesses the n ecessary quantity and quality of 

experience, knowledge, skills, abilities and training needed fo r successful perform ance in 

the job to be filled .

a. Evaluation is to be made without regard to race, religion , p olitics, age, sex, 

or physical condition.

b. Evaluations m ay be made join tly by the panel or individually by the m em bers. 

If the latter method is used, the panel w ill prepare a com posite rating from their 

individual ratings. The method used must be recorded and all records of individual 

and com posite ratings must be preserved .

c. Evaluation factors shall be applied u niform ly to all candidates and made a m atter 

of record. The sum m ary evaluation for each candidate must be consistent with the 

factor evaluations.

6. The annual su pervisory appraisal w ill provide fo r em ployee com m ent. A copy 

of the appraisal w ill be given the em ployee. No annual su pervisory appraisal is to be used 

on which the em ployee has not had an opportunity to comment.

7. Em ployees m ay exam ine their entire personnel file except fo r such documents 

C ivil S ervice C om m ission regulations requ ire not be shown to the em ployee. Such documents 

are in sealed envelopes and are not to be seen by the rating exam iner or panel.

A rtic le IV.

Selection

The best-qu alified person for the position to be filled , in the judgment of the selecting 

o fficia l, shall be selected.

1. In deciding who is the best qualified, it is the obligation of the selecting o ffic ia l 

to base his choice on the follow ing c rite ria :

a. The best com bination of education and experience required for the specific job 

to be filled .

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b. Personal traits— such as ability to work with others, to exert leadership or to 

supervise— to the extent they are required by the specific job to be filled.

c. Past and present job performance as they relate to the requirements of the job 

to be filled.

d. Length of service in the grade below that of the job to be filled, or in a higher 

grade, to the extent that such service is related to the current requirements of the 

specific job to be filled.

2. An employee shall be selected when his qualifications equal or exceed those of 

the best-qualified candidate from outside the Department. If a nonemployee is selected, and 

there are available employees eligible for selection, the selecting official w ill explain the 

basis for his selection in writing by showing how the qualifications of the person selected 

are superior to those of the employees who were not selected.

3. If there are few er than five candidates in the top group, candidates in the second 

group may also be considered. However, if an employee from the second group is selected, 

the selecting official w ill explain the basis for his selection in writing by showing how the 

qualifications of the person selected are superior to each candidate in the higher group.

4. When there are five or few er candidates for a position the selecting official w ill 

explain the basis for his selection in writing on the basis of the applicable sections of this 

article.

5. When requested under A rticle V, the selecting official shall explain his choice 

in writing on the basis of the applicable sections of this article.

6. Selections w ill be made without regard to race, religion, politics, age, sex, or 

physical condition.

7. If the qualifications of two or m ore employees are substantially equal, preference 

w ill be given in the following order:

a. An employee downgraded through RIF.

b. An employee at the maximum scheduled salary rate for his grade.

c. The employee who has the longest period of time since his last promotion. This 

period of time w ill be computed to the nearest year. In the event of a tie in this factor, 

preference w ill be given first to the employee in the bureau with the vacancy, then to 

the employee with the greatest amount of Labor Department service, and finally to the 

employee with the longest Federal service.

8. Publicizing selections-— A ll competitive selections made in the bargaining unit w ill 

be listed at the same locations at which vacancies are advertised. Copies of such lists w ill 

be sent to Labor Lodge 12.

Article V.

Review of Merit Staffing Actions

Upon an em ployee's oral or written request, the employee or his designated r e p r e ­

sentative shall be given information regarding a specific m erit staffing action for which the 

employee was considered.

1. The bureau personnel office will upon request advise the employee or his designated representative of the rating group the employee was placed in for any position in the 

bureau for which the employee was considered. Such a request may be made anytime after 

a vacancy has been advertised or announced in the bargaining unit. The employee or his 

representative will be given the requested information within two workdays after the evaluation has been made.

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2. A fter a selection has been announced, the bureau personnel office will, upon 

request, advise an employee who was a candidate for the position or his designated r e p r e ­

sentative what rating group the person who was selected was assigned.

3. Within 10 workdays after the date a selection is announced an employee who was 

,a candidate or his designated representative may request a review and explanation of the 

m erit staffing action. Such requests shall be in writing to the head of the bureau in which 

the vacancy occurred and shall:

a. Identify the particular aspect of the action which the employee wishes to have 

reviewed; and

b. Explain b riefly why the employee wishes the review made.

4. When such a request is made, the employee or his designated representative 

w ill be given an explanation of the action within 10 workdays. This explanation shall be in 

writing if the employee requests it be so made.

5. If a vacancy cannot be filled for any reason once a list of candidates has been 

processed for a vacancy, the management of the bureau w ill give an employee who has 

made an inquiry under this article or his designated representative the reason the position 

cannot now be filled.

6. At the initiative of management or Labor Lodge 12 specific m erit staffing actions 

may be reviewed at a bureau employee-management relations meeting. The group w ill be 

given access to the complete record of the action. In addition, the group may secure 

through the head of the bureau a written explanation by the selecting official of his selection 

as required in article IV, section 5. Specific actions w ill not be discussed at the D epartmental level except as necessary to point up broader problems which either party is 

presenting.

7. There w ill be regularly scheduled Departmental reviews of bureau personnel 

actions taken under this agreement. A representative nominated by the lodge w ill participate in each such review to determine if the purposes and intent of this agreement are 

being fulfilled. The lodge representative w ill be detailed to OAAS for the period of the 

review.

Article VI.

General

1. This agreement is applicable to all personnel actions filling competitive positions 

in the Labor Lodge 12 bargaining unit subject to the categories of exceptions stated in the 

Department's M erit Staffing regulations. Changes in these categories of exceptions, as applicable in the bargaining unit, are subject to negotiation between the parties. Employees 

w ill be kept informed of the current categories of exceptions.

2. This agreement shall be interpreted in accordance with the Department of Labor 

and C ivil Service Com m ission regulations, and nothing in this agreement shall in any way 

abridge the rights of the individual employee under such regulations. Specifically, the 

em ployee's right to file a complaint under the Department's M erit Staffing regulations is in 

no way limited by this agreement.

3. This agreement shall be made effective as rapidly as administratively feasible, 

but no later than 45 days after signing by both parties.

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Appendix D

Identification of Clauses

Agency, Installation, and Employee Organization

Veterans Administration Hospital— Tuscaloosa, Ala.

Government (AFGE, Lodge 131).

Treasury, Bureau of Engraving and Printing— Washington, D. C.

Printing Pressmen (IPPA, Local 1).

Air Force, Seymour Johnson AFB— North Carolina.

Operating Engineers (IUOE, Local 437).

Veterans Administration Hospital— Muskogee, Okla.

Government (AFGE, Lodge 2250).

Army, Army Map Service— Washington, D. C.

Lithographers (LPIU, Local L-98).

Navy, Long Beach Naval Shipyard— California.

Metal Trades Council (MTC).

Health, Education, and Welfare, Social Security Administration,

District Office— Kansas City, Mo.

Government (AFGE, Lodge 1336).

Navy, Naval Air Station, Whidbey Island— Washington.

Government (AFGE, Lodge 1513).

Navy, Pearl Harbor Naval Shipyard— Hawaii.

Metal Trades Council (MTC).

Labor— Washington, D. C.

Government (AFGE, Lodge 12).

Smithsonian Institution, National Zoological Park—

Washington, D. C.

Government (AFGE, Lodge 185).

Navy, Naval Air Turbine Test Station— Trenton, N. J.

Metal Trades Council (MTC).

Veterans Administration Regional Office— Los Angeles, Calif.

Government (AFGE, Lodge 490).

Army, Army Pictorial Center— Long Island City, N. Y.

Federal Employees (NFFE, Local 1106) (ind.).

Agriculture, Agricultural Marketing Service— Nationwide.

Tobacco Inspectors (FTIMA) (Ind. ).

Navy, Public Works Center— Norfolk, Va.

Metal Trades Council (MTC).

Army, Redstone Arsenal— Alabama.

Government (AFGE, Lodge 1858).

Army, Engineer Depot— Granite City, 111.

Operating Engineers (IUOE, Local 149A).

Navy, Charleston Naval Shipyard— South Carolina.

Metal Trades Council (MTC).

Navy, Naval Air Station— Sanford, Fla.

Metal Trades Council (MTC).

Navy, MSTS, Gulf Area— New Orleans, La.

Marine Engineers (MEBA).

Treasury, Bureau of Engraving and Printing— Washington, D. C.

Plate Printers (PPDSE, Local 2).

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24

25

26

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30

31

32

33

34

35

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37

38

39

40

41

42

43

44

45

46

47

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Navy, Fleet Anti-Air War Training Center— Dam Neck , Va.

Government (AFGE, Lodge 1835).

Navy, Naval Station— Washington, D. C.

Metal Trades Council (MTC).

Federal Aviation Agency, Systems Maintenance Sector No. 395—

Wake Island.

Electrical Workers (IBEW, Local 1186).

Army, Blue Grass Army Depot— Richmond, Ky.

Machinists (IAM, Lodge 859).

Navy, New York Naval Shipyard— Brooklyn, N. Y.

Metal Trades Council (MTC).

Navy, Navy Publications and Printing Service Office----

Boston, Mass.

Government (NAGE, Local Rl-61) (Ind. ).

Navy, Naval Air Station— Olathe, Kans.

Government (AFGE, Lodge 134 7).

Army, Fort Huachuca— Tucson, Ariz.

Electrical Workers (IBEW, Local 570).

Commerce, Saint Lawrence Seaway Development Corp.—

Michigan and New York.

Government (AFGE, Lodge 1968).

Interior, Bureau of Mines Research Center— Morgantown, W. Va.

Government (AFGE, Lodge 1995).

Commerce, Coast and Geodetic Survey— Washington, D. C.

Lithographers (LPIU, Local L-98).

Air Force, Hickman AFB— Hawaii.

Electrical Workers (IBEW, Local 1186).

Army, District Corp of Engineers— Nashville, Tenn.

Electrical Workers (IBEW, Locals 316 and 2080).

Navy, Navy Publications and Printing Service—

Point Mugu, Calif.

Government (AFGE, Lodge 1224).

Veterans Administration Hospital— Madison, Wis.

Government (AFGE, Lodge 1 732).

Navy, San Francisco Naval Shipyard— California.

Metal Trades Council (MTC).

Navy, Naval Construction Battalion Center— Davisville, R. I.

Government (NAGE, Local Rl-14) (Ind.).

Navy, Naval Supply Depot— Newport, R. I.

Federal Employees Association (Local 1) (ind.).

Navy, MSTS, Far East Area— Japan.

Marine Engineers (MEBA).

Navy, Naval Air Station— Jacksonville, Fla.

Machinists (IAM, Lodge 1630).

Army, Fort McClellan— Alabama.

Government (AFGE, Lodge 1941).

Navy, Naval Air Station— Brunswick, Maine.

Government (NAGE, Local Rl-77) (ind.).

Navy, Naval Supply Center— Norfolk, Va.

Machinists (IAM, Lodge 97).

Tariff Commission— Washington, D. C.

Lithographers (LPIU, Local L-98).

Civil Aeronautics Board, Office of Administration—

Washington, D. C.

Lithographers (LPIU, Local L-98).

Agency, Installation, and Employee Organization

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number

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49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

Navy, Navy Publications and Printing Service Office—

Pearl Harbor, Hawaii.

Lithographers (LPIU, Local L-62).

Interior, National Park Service, National Capital Region—

Washington, D. C.

Painters (BPDP, Local 1632).

Army, Fort Leslie J. McNair— Washington, D. C.

Government (AFGE, Lodge 1935).

Federal Aviation Agency, Aircraft Service Base—

Oklahoma City, Okla.

Machinists (IAM, Lodge 960).

Health, Education, and Welfare, Social Security Administration,

Philadelphia Payment Center— Pennsylvania.

Government (AFGE, Lodge 2006).

Health, Education, and Welfare, Social Security Administration,

District Office— Miami, Fla.

Government (AFGE, Lodge 2091).

Veterans Administration Hospital— Wilkes-Barre, Pa.

Government (AFGE, Lodge 1699).

Interior, Bureau of Commercial Fisheries— Terminal Island,

San Pedro, Calif.

Government (AFGE, Lodge 1981).

Navy, MSTS, Pacific Area— San Francisco, Calif.

Marine Engineers (MEBA).

Army, Pine Bluff Arsenal— Arkansas.

Government (AFGE, Lodge 953).

Navy, Puget Sound Naval Shipyard— Bremerton, Wash.

Metal Trades Council (MTC).

Navy, Supervisor of Shipbuilding— Camden, N.J.

Technical Engineers (AFTE, Lodge 198).

Atomic Energy Commission, Albuquerque Operations Office,

Branch Office--- Amarillo, Tex.

Government (AFGE, Lodge 2231).

Veterans Administration Center— Mountain Home, Tenn.

Government (AFGE, Lodge 1687).

Navy, Naval Air Station— Norfolk, Va.

Government Inspectors (NAGI, Unit No. 3) (Ind. ).

Treasury, Coast Guard Aircraft Repair and Supply Base—

Elizabeth City, N. C.

Machinists (IAM, Lodge 2203).

General Services Administration, Region 6— Kansas City, Mo.

Government (AFGE, Lodge 234).

Interior, Bureau of Reclamation, Rio Grande Project—

New Mexico.

Electrical Workers (IBEW, Local 611).

Navy, Navy Public Works Center— Newport, R. I.

Government (AFGE, Lodge 190).

Interstate Commerce Commission— Washington, D. C.

Lithographers (LPIU, Local L-98).

Navy, Naval Academy— Annapolis, Md.

Government (AFGE, Lodge 896).

Navy, MSTS, Far East Area— Japan.

Maritime (NMU).

Navy, MSTS, (Office)— Honolulu, Hawaii.

Marine Engineers (MEBA).

Agency, Installation, and Employee Organization

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92

93

94

95

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Army, Army Map Service— Providence, R. I.

Government (AFGE, Lodge 1884).

Veterans Administration Hospital— Montrose, N. Y.

Montrose Employee Union Council.

Air Force, Reese AFB— Lubbock, Tex.

Government (AFGE, Lodge 1810).

Army, Umatilla Army Depot— Hermiston, Oreg.

Government (AFGE, Lodge 1417).

Navy, Marine Corps Base— Twenty-Nine Palms, Calif.

Government (AFGE, Lodge 2018).

Air Force, Nellis AFB— Las Vegas, Nev.

Government (AFGE, Lodge 1199).

Interior, Bureau of Indian Affairs— Seattle, Wash.

Employees Council of USMV North Star III.

Navy, Marine Corps Air Facility— Santa Ana, Calif.

Government (AFGE, Lodge 1881).

Veterans Administration Center— Hot Springs, S. Dak.

Government (AFGE, Lodge 153 9).

Navy, Naval Air Station— Alameda, Calif.

Operating Engineers (IUOE, Local 39).

Navy, Naval Underwater Ordnance Station— Newport, R. I.

Machinists (LAM, Lodge 119).

Air Force, Cannon AFB— Clovis, N. Mex.

Government (AFGE, Lodge 230 8).

Navy, Naval Ordnance Plant— Louisville, Ky.

Machinists (IAM, Lodge 830).

Army, District Corp of Engineers— Buffalo, N. Y.

Maritime (NMU).

Navy, MSTS, Gulf Area— New Orleans, La.

Maritime (NMU).

Army, District Corps of Engineers— Philadelphia, Pa.

Marine Engineers (MEBA).

Navy, Naval Torpedo Station— Keyport, Wash.

Metal Trades Council (MTC).

Interior, Bureau of Reclamation, Middle Rio Grande Project—

New Mexico.

Government (AFGE, Lodge 224 6).

Agriculture, Agricultural Marketing Service— Omaha, Nebr.

Government (AFGE, Lodge 2223).

Interior, Bureau of Mines, Helium Activity— Amarillo and

Exell, Tex.

Government (AFGE, Lodge 2104).

Air Force, Chanute AFB— Illinois.

Federal Employees (NFFE, Locals 493 and 1381) (Ind. ).

Navy, Navy Publications and Printing Service Office—

Mare Island, Vallejo, Calif.

Printing Pressmen (IPPA, Local 473).

Federal Aviation Agency, Headquarters Printing Plant—

Washington, D. C.

Lithographers (LPIU, Local L-98).

Health, Education, and Welfare, Social Security Administration,

Payment Center----Chicago, 111.

Government (AFGE, Lodge 1395).

Navy, Naval Oceanographic Office— Washington, D.C.

Lithographers (LPIU, Local L-98).

Agency, Installation, and Employee Organization

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Clause

number Agency, Installation, and Employee Organization

96 General Services Administration, Region 7— Dallas, Tex.

Postal Alliance (NAPE) (Ind. ).

97 Veterans Administration Center— Reno, Nev.

Government (AFGE, Lodge Z15 2).

98 Interior, Bureau of Indian Affairs, Yakima Agency—

Portland, Oreg.

Federal Employees (NFFE, Local 341) (Ind.).

99 Labor, Bureau of Apprenticeship and Training, Region VI—

Cleveland, Ohio.

Government (AFGE, Lodge 1071).

100 General Services Administration, Region 5— Chicago, 111.

Government (AFGE, Lodge 1626).

101 Veterans Administration Hospital— Perry Point, Md.

Government (AFGE, Lodge 331).

102 Interior, Bureau of Reclamation, Region 3— Boulder City, Nev.

Lithographers (LPIU, Local L-22).

10 3 Navy, Naval Hospital— Philadelphia, Pa.

Government (AFGE, Lodge 1350).

104 Defense, Armed Forces Institute— Madison, Wis.

Government (AFGE, Lodge 1773).

105 Army, Watertown Arsenal— Massachusetts.

Association of Engineers and Scientists (ind. ).

106 Agriculture, Agricultural Research Service— Nationwide.

National Joint Council of AFGE Meat Inspection Lodges.

107 Interior, Bureau of Commercial Fisheries— Seattle, Wash.

Alaska Fishermen1 s Union (SIU).

108 General Services Administration, Region 2— New York, N. Y.

Government (AFGE, Lodge 2061).

109 Army, District Corps of Engineers— Baltimore, Md.

Government (AFGE, Lodge 1041).

110 Air Force, Kincheloe AFB— Michigan.

Federal Employees (NFFE, Local 32) (Ind. ).

111 Veterans Administration Regional Office----San Francisco, Calif.

Government (AFGE, Lodge 1159).

112 Railroad Retirement Board— Nationwide.

Government (Council of AFGE Lodges).

113 Navy, MSTS, Atlantic Area— New York, N. Y.

Maritime (NMU).

114 Veterans Administration Hospital— Fayetteville, Ark.

Government (AFGE, Lodge 2201).

115 Interior, Bureau of Mines, District A. Health and Safety—

Wilkes-Barre, Pa.

Government (AFGE, Lodge 2268).

116 Navy, Navy Publications and Printing Service— San Diego, Calif.

Printing Pressmen (IPPA, District Joint Council).

NOTE: All unions are affiliated with the AFL-CIO except those followed

by (Ind. ).

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BUREAU OF LABOR STATISTICS REGIONAL OFFICES

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