Antidiscrimination

Provisions in

Major Contracts

1961

Bulletin No. 1336

UNITED STATES DEPARTMENT OF LABOR

Arthur J. Goldberg, Secretary

BUREAU OF LABOR STATISTICS

Ewan Clague, Commissioner

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Antidiscrimination Provisions

in M ajor Contracts

1961

Bulletin No. 1336

July 1962

UNITED STATES DEPARTMENT OF LABOR

Arthur J. Goldberg, Secretary

BUREAU OF LABOR STATISTICS

Ewan Clague, Commissioner

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Preface

The prevalence and ch a racteristics of antidiscrim ination provisions in m ajor collective bargaining 

agreem ents in effect in 1961 are d escribed in this bulletin. In addition, illustrative antidiscrim ination clauses 

drawn from selected union constitutions are presented in 

the appendix.

F or this study, 1,717 collective bargaining a g re e ­

ments covering 1,000 or m ore w orkers each w ere analyzed. 

These agreem ents applied to approxim ately 7. 4 m illion 

w orkers, alm ost half the estim ated coverage of all c o llective bargaining agreem ents, exclusive of those in the 

railroad and airline industries.

A ll agreem ents studied w ere part of the Bureau 

of Labor Statistics file of current agreem ents maintained 

for public and governm ental use under the provision s of 

the Labor-M anagem ent Relations A ct of 1947, as amended. 

The provision s of agreem ents covering 1, 000 or m ore 

w orkers do not n ecessarily reflect p olicy in sm aller c o llective bargaining situations or in large or sm all u norganized firm s.

This study was conducted and this report was 

prepared by Leon E. Lunden, under the supervision of 

H arry P. Cohany, in the Bureau*s D ivision of Wages and 

Industrial Relations.

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Contents

Page

Prevalence __________________

Industry__________________

Union ____________________

Region ----------------------------

Types of discrimination

Discrimination in hiring

Discrimination on the job

Enforcement of provisions

T ables:

1. Antidiscrimination clauses in major collective

bargaining agreements, by industry, 1961 --------------------- 2

2. Antidiscrimination clauses in m ajor collective

bargaining agreements, by region, 1 9 6 1 -------------------------- 3

3. Types of discrimination prohibited in antidiscrimination clauses, major collective bargaining

agreem ents, 1961-------------------------------------------------------------------- 5

4. Persons prohibited from discriminating by antidiscrimination clauses in major collective

bargaining agreem ents, 1961----------------------------------------------- 6

5. Contract conditions subject to antidiscrimination

clauses in m ajor collective bargaining

agreem ents, 1961 ____________________________________________

Appendix:

Antidiscrimination provisions in selected union

constitutions ________________________________________________________ 11

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Antidiscrimination Provisions in Major Contracts, 1961

O n l y a b o u t o n e - f i f t h of the major collective

bargaining agreements in effect in 1961 in the

United States contained specific bans against

discrimination because of race, creed, or national

origin. Such provisions were largely found in

agreements in manufacturing industries, typically

in those with producers of durable goods. The

unions involved either had civil rights departments or active civil rights committees composed

of international executive board members. A pproximately one-third of the provisions studied

had been negotiated by affiliated locals of the

Automobile Workers or the Electrical Workers

(IU E ). The agreements typically were interstate

in scope or were concentrated in plants in the

Middle Atlantic or East North Central States.

Formal clauses dealing with on-the-job working

conditions were more frequent that those dealing

with hiring.

For the purpose of this analysis, antidiscrimination provisions were defined as those that

barred bias in hiring or on the job, because of

race, religion, or national origin, or any combination of these three. This limited definition

excluded from the study those clauses which were

clearly directed at other grounds for discrimination, such as age, sex, or union activity, and

which did not mention any of the other three

reasons. Similarly, clauses announcing a general

nondiscrimination policy without naming the

specific parties affected or practices outlawed 

were excluded, although it is reasonable to assume that some, if not all, of these were intended

to forestall prejudicial behavior based on racial,

religious, and other grounds.1

This article, it should be emphasized, merely

describes formal antidiscrimination provisions in

major collective bargaining agreements; it does

not deal with their administration and enforcement.

m law, the collective bargaining agreement

applies equally to all workers covered by its

provisions, regardless of race, creed, color, or

ancestry. Nonetheless, an antidiscrimination

clause serves a purpose. It not only emphasizes

the legal obligations of the parties, but also

serves as a constant reminder to management

and union representatives directly involved in

the administration of the agreement. Such

provisions also encourage members of minority

groups to assert more vigorously their rights

under the agreement, and serve as a more specific

guide to arbitrators called in to resolve grievance

disputes. A t its 1961 convention, the A F L -C IO

recommended to all affiliated unions that they

negotiate such provisions into all their agreements. 1 2 Increased awareness of this issue by

labor and management, stimulated perhaps by a

strict enforcement of Government contract policies

and State and local fair employment acts, is

likely to encourage the writing of more antidiscrimination provisions in the near future.

Obviously, the absence of an antidiscrimination

provision in a contract does not signify the existence of discriminatory practices or indicate a

lack of concern by the parties about equal treatment. Discrimination has not been an issue or

a problem in many collective bargaining situations.

Employers on their own initiative may effectively

ban discrimination, and informal arrangements

to maintain nondiscrimination may be established

by company and union. For example, letters

of intent setting forth pledges not to discriminate

because of race, religion, or nationality are sometimes referred to in an agreement but are usually

not a part of the agreement.

For this study, the Bureau of Labor Statistics

examined 1,717 major collective bargaining agreements covering 1,000 or more workers each, or

1 For example, the agreement covering workers at the Beaumont Yards

of the Bethlehem Steel Co. stated only that “ There shall be no discrimination among employees in the application of any of the terms or conditions

of this agreement.”

2 Resolution No. 143, Civil Rights, adopted by the Fourth Constitutional

Convention of the AFL-CIO, December 12,1961, Bal Harbour, Fla.

l

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virtually all agreements of this size in the United

States excepting those in the railroad and airline

industries.3 These agreements applied to approximately 7.4 million workers— almost half the

number estimated to be under collective bargaining agreements in all except railroad and airline

industries. M ost of the contracts were in effect

in 1961. A few expired during the last quarter

of 1960, and renewed agreements were not available at the time this study was completed.

Prevalence

Industry. Less than a fifth (18 percent) of the

1,717 agreements analyzed, covering about a

fourth of the workers, prohibited discrimination

because of race, creed, or national origin (table 1).

M ost of these provisions (239) appeared in agreements applicable to 1.6 million workers in manufacturing, as against 68 agreements and 335,000

workers in nonmanufacturing industries.

Over half of the bans in manufacturing were

concentrated in three industries: transportation

equipment (50), electrical machinery (41), and

machinery except electrical (34). These three

industries combined accounted for 3 out of every 4

manufacturing workers covered by such provisions.

Lesser, but still significant, clusters of nonbias

clauses were negotiated in food and kindred products (23) and in primary metals (20).

No manufacturing industry had special prohibitions against unequal treatment in at least half of

its major agreements. M ajor agreements in

three industries (textiles, lumber, and printing and

publishing) contained no such provisions at all,

and another four industries (tobacco, leather,

apparel, and miscellaneous manufacturing) each

had only one or two agreements with such clauses.

Among nonmanufacturing industries, construction and retail trade, with 16 and 14 nonbias

agreements, respectively, contributed the largest

number of nonbias clauses. Except for hotels

and restaurants, no nonmanufacturing industry

had antidiscrimination provisions in as many as a 1

1 The Bureau does not maintain a file of railroad and airline agreements.

T a b l e 1. A n t id is c r im in a t io n C l a u s e s in M a j o r C o l l e c t iv e B a r g a i n i n g A g r e e m e n t s , b y I n d u s t r y , 1961

[Workers in thousands]

Industry

Total studied

Total with explicit

antidiscrimination

clauses

Total without explicit

antidiscrimination

clauses

Agreements Workers Agreements Workers Agreements W orkers

All industries_____________________________________________________________ ______ 1,717 7,438.0 307 1,900. 3 1,410 5, 537.8

Manufacturing________________ __________ _____ _____________________ _______ 1,047 4, 355. 2 239 1, 565.4 808 2,789.8

Ordnance and accessories___________ ____________ _______ _______________________ 20 67.5 9 34.0 11 33.6

Food and kindred products______________________________________________________ 118 360.4 23 96.4 95 264.0

Tobacco manufactures_______ ______ ____________________________________________ 12 25.8 1 1.0 11 24.8

Textile mill products___________________________________________ _________ ______ 31 81.2 31 81.2

Apparel and other finished products___________________________________ _____ _ 53 456.2 2 7.0 51 449.2

Lumber and wood products, except furniture____ _________________________ _____ 13 26.1 13 26.1

Furniture and fixtures. ________ ____________________________ _____________ ____ 19 33.2 5 7.4 14 25.8

Paper and allied products_________ _____________ ___________________________ 57 125.9 6 8.9 51 117.0

Printing, publishing, and allied industries_________ _____________________________ 34 70. 8 34 70.8

Chemicals and allied products_____ ___________________________________ ________ _ 53 102.0 11 19.2 42 82.8

Petroleum refining and related industries___________________________________ ____ 15 49.2 4 10.3 11 38.9

Rubber and miscellaneous plastics products_____________________________________ 29 126.2 6 66.0 23 60.2

Leather and leather products______________________________ ________ _______ ____ 19 66.9 1 1.8 18 65.1

Stone, clay, and glass products___________________________________________ ______ 41 110.3 5 13.9 36 96.5

Primary metal industries___________ ______________________________ ____ ________ 113 627.6 20 50.2 93 577.4

Fabricated metal products._________ __________________________ ________ ________ 53 141.8 12 40.6 41 101.2

Machinery, except electrical_____________________________________________ ______ 106 310.9 34 178.4 72 132.5

Electrical machinery, equipment, and supplies_____________________ _______ ____ 105 421.0 41 208.5 64 212.6

Transportation equipment_____ _______ ______________________ ______ ______ ___ 121 1, 077.4 50 795.0 71 282.5

Instruments and related products__________ _____ _________________________ ____ _ 24 53.5 8 25.7 16 27.8

Miscellaneous industries__________ ____________ __________ ___________ __________ 11 21.9 1 1.5 10 20.4

Nonmanufacturing_______________________ _____ _________ ___________ ____ 670 3,082.8 68 334.9 602 2,748.0

Mining, crude petroleum, and natural gas production_____ _________ _____ ______ 18 237.8 3 4.0 15 233.9

Transportation *___ _____________ ____________________ ____ _____________________ 114 679.1 6 63.8 108 615.3

Communications_____________________________ ___________________________ _____ 80 501.0 4 16.7 76 484.3

Utilities: Electric and gas_____________ _________________________________________ 79 195.1 6 23.2 73 171.9

Wholesale trade_______ _____ __________________________ ______ 14 27.2 1 5.0 13 22.2

Retail trade_________________ __________ _________ _______ _______ 106 290.0 14 56.0 92 234.0

Hotels and restaurants____ _____________________________________________________ 37 171.2 9 54.3 28 116.9

Services.._________________ _______________________________________ 53 177.7 9 31.6 44 146.1

Construction___________________ _____ ____ _________________________ ____ ______ 168 801.1 16 80.4 152 720.7

Miscellaneous industries________ ______________________ ____ ________________ ___ 1 2.9 1 2.9

1 Excludes railroad and airline industries N ote: Because of rounding, sums of individual items may not equal totals.

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fifth of its major agreements or covered as many as

a fifth of its workers by the bans.

Union. Forty-eight national and international

unions were collective bargaining agents for the

1.9 million workers covered by antidiscrimination

provisions. Only 8 of them, however, were

signatory to 10 or more bargaining agreements

incorporating such bans and, in combination,

they negotiated 3 out

provisions:

of 5 of all the nonbias

Number of

agreements

studied

Agreements with antidiscrimination provisions

Percent of

Number total studied

Automobile Workers _ 118 76 64. 4

Electrical Workers (IUE)__ 46 31 67. 4

Steelworkers _ __ 120 20 16. 7

Machinists _ _ _ _ 89 16 18. 0

Packinghouse Workers 11 11 100. 0

Retail Clerks, _ _ _ 42 11 26. 2

Electrical Workers (IBEW)_ 92 10 10. 9

Hod Carriers __ _ _ 33 10 30. 3

1 The new agreements with the basic steel industry, to be effective July 1,

1962, include an antidiscrimination provision. Two major producers,

Great Lakes Steel Corp. and Inland Steel Co., already had such clauses in

their agreements.

In numbers of workers, the following unions

had the highest coverage:

Automobile Workers______

Electrical Workers (IUE)__

Steelworkers______________

Rubber Workers__________

Machinists_______________

Electrical Workers (IBEW)

Number of Workers covered by antiworkers discrimination provisions

under all --------------------------------------

agreements Percent of

studied Number total studied

965, 000 862, 950 89. 4

232, 750 169, 400 72. 8

681, 450 73, 600 10. 8

113,750 63,500 55.8

312, 800 60, 350 19. 3

254, 100 60, 300 23. 7

Other unions, although each represented fewer

than 50,000 workers under major agreements,

nonetheless had significant proportions of workers

covered by antidiscrimination provisions. For

example, all Packinghouse Workers agreements

studied had such provisions, and the National

Maritime Workers Union had similarly covered 9

out of 10 workers under its major contracts.

Almost all of the unions that were particularly

active in negotiating bars to discrimination had

established civil rights committees or subcommittees subordinate to the international executive

councils, responsible for developing and adopting appropriate civil rights programs. These

included the Automobile Workers, Electrical

T able 2. A ntidiscrimination Clauses in Major

Collective Bargaining A greements, b y Region,

1961

[Workers in thousands]

Region

Total studied

Total with

antidiscrimination clauses

Total without

explicit antidiscrimination

clauses

Agreements

Workers Agreements

Workers Agreements

Workers

United States--------------- 1, 717 7,438.0 307 1,900.3 1,410 5,537.8

Interstate---------- ---------- 280 3,095.1 50 1,078.3 230 2,016.8

New England_________ 107 291.6 18 59.7 89 232.0

Middle Atlantic_______ 397 1,309.1 82 241.5 315 1,067.6

East North Central____ 401 1,078.1 73 225.7 328 852.5

West North Central----- 83 200.2 21 69.7 62 130.6

South Atlantic. ______ 103 252.7 8 23.7 95 229.0

East South Central____ 34 62.0 2 3.2 32 58.8

West South Central___ 49 114.6 11 28.2 38 86.4

Mountain......................... 38 78.2 9 16.4 29 61.8

Pacific________________ 225 956.6 33 154.1 192 802.5

N ote: B ecause of rounding, sums of individual items may not equal totals.

Workers (IB E W ), Electrical Workers (IU E),

Packinghouse Workers, Rubber Workers, and

Steelworkers.

The bulk of the Automobile Workers antidiscrimination clauses were in transportation

equipment contracts, especially in automobiles

(including Ford, Chrysler, General Motors, American Motors, Studebaker-Packard, Willys Motors,

and M ack Truck), in aircraft assembly and parts

plants (including Boeing, Douglas, ChanceVought, Ryan Aeronautical, and Curtiss-Wright),

and in machinery (including Caterpillar Tractor,

Deere and Co., and International Harvester).

Similarly, over half the Electrical Workers

(IU E) provisions were concentrated among large

employers in machinery and electrical machinery

(including Sperry-Rand, Otis Elevator, Philco,

General Electric, Magnavox, Sylvania Electric,

and Emerson Radio and Phonograph). The

Steelworkers agreements were widely dispersed

among several industries. Over half the M a ­

chinists provisions were in ordnance and transportation equipment. The Packinghouse Workers

clauses were exclusively in meatpacking (including

Armour, Swift, and Cudahy), while those of the

Retail Clerks were primarily found among California food stores. The Hod Carriers provisions

were exclusively in construction, and the Electrical Workers (IB E W ) exclusively in electrical

machinery.

Region. Two out of three antidiscrimination

provisions were found either in interstate agreements or in contracts covering establishments in

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the Middle Atlantic and East North Central

States (table 2). These applied to about fourfifths of all the workers covered by such

prohibitions.

Types of Discrimination. In prohibiting discriminatory practices, all but three clauses referred

specifically to the groups or activities protected

by these provisions. These three, however, indirectly described what constituted proscribed behavior by referring to nondiscriminatory policies

expressed in Federal and State laws or government

contracts:

The company agrees that it will not discriminate against 

anyone in its employment policies in conformity with the 

nondiscrimination clauses contained in all Defense Department and military contracts. (Martin Co. and Automobile Workers.)

* * *

Both parties will follow the provisions of the New York 

State law against discrimination. (Corning Glass Works 

and Flint Glass Workers.)

All other clauses gave express assurance of

equality of treatment:

There shall be no discrimination or coercion against any 

employee because of race, creed, or national origin. 

(Chain Belt Co. and Steelworkers.)

Race and color discrimination were specifically

banned in 291 and 254 provisions, respectively

(table 3). Only nine clauses banned neither, but

three of these covered race and color by reference

to Federal and State policies and one by reference

to discrimination “ against any minority group.”

Of the remaining five, one called for equality of

pay without regard to sex or national origin and

four, largely provisions from southern agreements,

exhibited almost identical language and appeared

directed at discriminatory practices although the

precise intent was not clear to anyone not familiar

with the agreement. For example:

Freedom of employees: The company and union shall 

refrain from any and all forms of interference, intimidation, 

and coercion, by word or deed, in the right of an employee 

or employees to exercise his or their freedom of action in 

joining or not joining any labor organization, church, 

society, or fraternity. (Humble Oil and Refining Co. and 

Oil, Chemical, and Atomic Workers.)

* * *

Employees shall be free to join any labor organization, 

church, society, or fraternity, except organizations which 

advocate the overthrow of the American form of government or the American social order. (Champion Paper and 

Fibre Co. and Houston Paper and Pulp Mill Workers, 

Ind.)

Bias because of creed was barred in 254

provisions. Related to these were provisions

specifically banning discrimination because of

religion or church attended (77) or because of

political beliefs or associations (49),4 often appearing in the same clause that banned discrimination

because of “ creed” as well.

Two hundred and ten agreements prohibited

discrimination because of national origin. Among

these were two Seafarers clauses that also barred

bias on grounds of geographic origin, a carryover

from post-Civil W ar years when northern and

southern shipping employers expressed their sym ­

pathies through their employment policies. Six

clauses banned discrimination because of ancestry— that is to say, because of a person’s parentage

or lineage.

In more than half (179) of the provisions,

discrimination because of sex was also barred,

and a small number (30) extended this to the

employee’s marital status. In two of these,

discriminatory practices because of the number

of a worker’s dependents were also ruled out.

Prohibitions of bias because of union status or

activity often appeared separately from other bans

upon discrimination; yet, more than one-third

(135) of the 307 clauses analyzed specifically

applied their bars to union discrimination. Some

of these provisions particularly outlawed discrimination because of union activity, singling out

for special protection stewards and those who

might testify at hearings concerning alleged contract violations:

There shall be no discrimination . . . against any employee on account of race, national origin, creed, or color 

. . . union membership, or . . . any activity undertaken 

in good faith in his capacity as a representative of other 

employees. (Cities Service Refining Corp. and seven 

unions.)

Discrimination in Hiring

Of the 307 provisions, 112 were directed specifically at possible discrimination in hiring:

* Webster’s dictionary defines creed as covering political as well as religious

beliefs. In 16 contracts where “ creed” was not specifically cited, discrimination for both religious and political beliefs were barred. In common usage,

however, creed connotes religious beliefs only.

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The company agrees that it will not discriminate against 

any applicant for employment because of race, creed, color, 

or national origin. (Dana Corp. and Auto Workers.)

* * *

There shall be no discrimination by the company or the 

union against any employee because of his race, color, 

sex, national origin, or religious beliefs.

The company further agrees that it will abide by the above 

paragraph in hiring of new employees. (Sunstrand Machine Tool Co. and Auto Workers.)

To prevent any interference with management’s

discretionary authority over probationary employees, one provision exempted probationary

employees from coverage:

The company and union agree that there will be no discrimination in hiring. . . . This shall not in any way 

affect the probationary clause set forth in . . . this 

article. (Avco Manufacturing Corp. and Auto Workers.)

In a number of cases, provisions barring discrimination in hiring were found in hiring hall or

preferential hiring arrangements, as follows:

1. Selection of applicants for referral to jobs shall be on a 

nondiscriminatory basis and shall not be based on, or in 

any way affected by, union membership, bylaws, rules, 

regulations, constitutional provision, or any other aspect 

or obligation of union membership, policies, or requirements, [or] race, color, creed, national origin, age, or sex.

2. The employer retains the right to reject any job applicant referred by the union. Employers shall be governed 

in the selection of applicants by the qualification and 

ability of the applicant in relation to the requirements of 

the job to be filled, without reference to race, color, creed, 

national origin, age, or sex. (Food Employers Council, 

Inc. and Retail Clerks.)

Only one agreement required that white and nonwhite employees be hired on a ratio basis. This

requirement, with the avowed intent to eliminate

discrimination, was expressed as follows:

To assure that no discrimination will be made on account 

of race, it is agreed that the work will be divided between 

white and colored longshoremen, working in solid groups 

of either white or colored on the same ratio basis as now 

exists in the respective ports covered by this agreement; 

except that at Galveston the [employer] will, without discrimination, hire through Local 329, ILA (Local 1368 to 

receive their proportion of work as agreed upon by the 

district office of the ILA). When gangs are ordered and 

cannot be supplied, it is understood that whichever local 

can provide the gangs it shall be incumbent upon them

« A memorandum of agreement, dated December 24, 1959, extending the

contract to October 1,1962, stated that attorneys for the parties were authorized to rewrite the hiring hall clause, but did not indicate whether the ratio

provision would be affected.

6 New York Times, Oct. 9,1961.

Table 3. Types op Discrimination Prohibited in

A ntidiscrimination Clauses, M ajor Collective

Bargaining A greements, 1961

Type of discrimination prohibited i

Agreements

Workers

(thousands)

A ll ftgfpp.rripnts w i t h a n tld is p .r im in a tin n nlansp.R 1 ........... 307 1,900.3

Race_____________________________________ ____ _________ 291 1,810.3

Color___________________________________________________ 254 1,707.4

1.685.0

1.566.0

Creed___________ ________________ ____ _________ _____ _ 254

National origin_________________________________________ 210

Sex............................................................................................... 179 890.6

Union status or activity________________________________ 135 557.6

Religion, church_______________________________________ 77 303.9

Political activity, affiliation, belief______________________ 49 173.7

Marital status__________________________________________ 30 235.7

Age.. _________________________________________________ 25 85.9

Membership or nonmembership in any lawful organization__________ _______________________________________ 13 99.2

Fraternity, society, association_________________________ 6 24.1

Ancestry_____ ____ __________________________________ 6 12.6

Other 2 *......................................................................................... 9 26.5

1 Nonadditive.

2 3 provisions prohibited the types of discrimination in the Federal or State

laws that they cited; 1 barred discrimination against “ any minority group” ;

2 barred nepotism; and 3 prohibited discrimination for “ any reason” in

addition to race, religion, or national origin.

to do so, whether white or colored, and that the respective 

business agents agree to cooperate, and any failure to do 

so will be considered a violation of the contract.5 6 (Deep 

Sea Longshore and Cotton Agreement and Longshoremen.)

In contrast, the New York City Restaurant

Employers Association and the Hotel and Restaurant Employees agreed to eliminate whatever

racial distinctions among job classifications existed, so that equal opportunity would be available

to all workers:

Hiring: There shall be no discrimination against any 

employee on account of race, color, or creed. The employer and the union agree to cooperate jointly in an 

intensified drive to abolish any distinction which may 

presently exist with respect to the nature of the jobs which 

are filled by colored employees, so that they may be given 

every opportunity to fill skilled and unskilled jobs on the 

basis of parity with all other employees. (Affiliated 

Restauranteurs, Inc., and Hotel and Restaurant Employees.)

An unusual antidiscrimination provision, agreed

upon by the League of New York Theatres and

the Actors Equity Association not only protected

union members from discrimination by employers

(which would cover actors trying out for roles) but

also permitted the actors to refuse to play in

theaters where discrimination was practiced.

Presently the ban is limited to Washington, D .C .,

but the parties have agreed to changes which

would extend the clause’s coverage to all theaters

in the United States, effective June 1, 1962.®

The clause reads:

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The manager shall not practice discrimination against any 

member of Equity because of race, creed, or color.

The actor shall not be required to perform at any theatre 

in Washington, D.C., where discrimination is practiced 

against any actor or patron of the theatre by reason of his 

race, color, or creed. (League of New York Theatres and 

Actors Equity.)

In addition to specific agreement provisions that

barred bias in hiring, union-management commitments in this area also included general antidiscrimination clauses that were in practice applied

to hiring.7 Moreover, there were situations where

the parties preferred to embody an antidiscrimination policy in a letter of intent rather than in the

collective bargaining agreement. This was the

approach, for example, adopted by the Automobile

Workers and the Chrysler Corp. in the 1961 negotiations. The following is an excerpt from the

company’s letter to the union:

Chrysler Corp. has long maintained a policy of nondiscrimination toward applicants for employment with regard 

to race, creed, color, or national origin.

Adherence to this principle has resulted in individuals attaining employment on their merits. It also has enabled 

the corporation to obtain employees who are qualified by 

ability and experience.

In recognition of the practical and moral values of this 

policy, the corporation reaffirms its adherence to the policy. (Letter of intent, Chrysler Corp. to Automobile 

Workers, Nov. 2, 1961.)

Discrimination on the Job

All workers in the bargaining unit typically

enjoy equal rights under the collective agreement.

Over and above this obligation, however, employers and unions have pledged themselves specifically to a strict adherence to a nondiscrimination policy in applying contract terms. Such

T able 4. Persons Prohibited From Discriminating by

A ntidiscrimination Clauses in Major Collective

Bargaining A greements, 1961

Persons prohibited from discriminating

AgreementsWorkers

(thousands)

All agreements with antidiscrimination clauses_________ 307 1900.3

Persons prohibited from discriminating......................... . 226 1,446.1

Employer only_____________________________________ 78 330.5

Union only________ ______ _________________________ 5 14.4

Both employer and union__________________________ 143 1,101.2

No specific designation........................................................... 81 454.2

Note.* Because of rounding, sums of individual items may not equal totals.

specific pledges presumably carry weight in grievance settlement and arbitration.

As a rule the bar to discrimination applied to

both employers and unions, although in those

cases where only one of the parties was mentioned, it was usually the employer who was

named (table 4). These included 15 provisions

that prohibited the “ employer and his representatives” or the “ employer and his agents” from

discriminating:

The employer agrees that neither it nor any of its officers 

or agents will differentiate amongst, interfere with, restrain 

or coerce employees because of . . . sex, race, religion, 

nationality, or place of origin. (Publicker Industries and 

Brewery Workers.)

M ost of the 81 agreements that did not specifically

designate whether the employer or the union was

subject to the ban contained broad policy statements which, it seems, were meant to govern both

parties.

M ost provisions (266) specifically extended their

protection to current employees. Of the 41 provisions not citing current employees, 12 dealt with

hiring only. Nearly half of the remaining 29

guaranteed equal pay for equal work, and thereby

covered current employees by inference:

Equal pay shall be paid for equal quantity and quality 

of work, without discrimination as to race, color, or sex. 

(Wagner Electric Co. and Electrical Workers, IUE.)

The others also left little doubt that their provisions would be applicable to employees presently

on the payroll.

About three-fifths of the antidiscrimination

provisions (187) pertained to specific working conditions (table 5). Although the remaining 120

stressed no particular contract condition, it is

reasonable to assume that these broad statements

of intent applied to all on-the-job relationships:

The policy of the company and the union is not to discriminate against any employee on account of race, creed, 

color, sex, national origin, or union membership or activity. 

(National Can Co. and Steelworkers.)

A shade more specific were 77 of the working

conditions provisions which stipulated that their

bars against discrimination applied to all contract

conditions, as follows;

7 See, for instance, the discussion in Sumner H. Slichter, James J. Healey,

E. Robert Livemash, The Impact of Collective Bargaining on Management

(Washington, D.C., Brookings Institution, 1960), p. 53.

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Neither the company nor the union will discriminate 

against any employee in the application of the terms of 

this agreement because of race, creed, color, or national 

origin. (Detroit Edison Co. and Utility Workers.)

Two clauses used a language even more sweeping:

The parties hereto agree that all workers, regardless of 

race, creed, sex, or nationality, shall be treated equally 

and justly . . . without discrimination in any respect 

whatsoever. (Independent Packinghouses of Philadelphia 

and Vicinity and Meat Cutters.)

* * *

In no instance shall there be any discrimination against 

or in favor of employees by reason of race, color, or creed. 

(Hotel Association of St. Louis and Hotel Employees.)

In a variation, certain working conditions were

singled out for particular stress and then were

followed by a blanket coverage of all remaining

contract conditions:

The employer, either in hiring, promoting, advancing, or 

assignment to jobs, or [in] any other term or condition of 

employment, will not discriminate against any employee 

because of union membership or activity, sex, race, creed, 

color, or religious belief. (Sperry Rand Corp., Sperry 

Gyroscope Division and Electrical Workers, IUE.)

A rare provision covered all contract conditions,

but attached a savings clause as follows :

There shall be no discrimination by either the company 

or the union against any employee with respect to any of 

the matters covered by this agreement because of membership in the union, race, color, creed, nationality [or] religious or political beliefs, provided that the company shall 

not be required to violate any Federal, State, or local law 

or regulation. (American Tobacco Co. and Retail, Wholesale and Department Store Union.)

In a number of cases, the parties specifically

designated one or more contract conditions in

which they particularly wanted to assure equal

treatment. Fifteen agreements, for instance,

stressed that there would be no discrimination in

8 It should be noted, however, that although the agreement might set

apprentice wages and ratios of apprentices to journeymen, apprenticeship

standards (including admission) might well be set outside the agreement by

national or State apprenticeship committees comprised of unions and employers. In recent months, there has been evidence that these committees

have been adding equal opportunity clauses to their entrance standards. In

its report of December 1, 1961, the Subcommittee on Skill Improvement,

Training and Apprenticeship of the President's Committee on Equal Employment Opportunity announced that national apprenticeship committees

involving the Electrical Workers (IBEW) and the Bricklayers had adopted

such provisions and that negotiations were under way with other national

committees. Similar clauses had already been adopted by California,

Arizona, and New York State apprenticeship councils, the report noted, and

moves to extend this to New Mexico and Ohio were being made.

T able 5. Contract Conditions Subject t o A ntidiscrimination Clauses in Major Collective Bargaining A greements, 1961

Contract condition

AgreementsWorkers

(thousands)

All agreements with antidiscrimination clauses................. 307 1,900.3

Agreements specifying contract conditions 1_____________ 187 1,441.8

All provisions of the contract.......................................... 77 931.1

Hiring___________________ 112 512.1

Seniority__________ ______ _ _ ___ , 12 136.0

Promotion, upgrading...................................................... 34 106.4

Layoff.............................. ... _ ................. 28 102.5

Discharge............................................................................ 25 91.1

Wages.._____________________ __ ____ _ 21 83.1

Transfer__________________ 19 62.5

Discipline......................................................................... 16 55.1

Training_______ ____ ______ ______________ _ __ 15 50.4

Job assignment................................................................. 7 17.9

Hours.................................................................................... 3 10.6

Other 2. ....................... ............................................ ..... 7 21.1

Agreements with no explicit designation 120 458.5

1 Nonadditive.

2 2 provisions adopted the working conditions in the Federal or State laws

that they cited; 2 cited sickness, accident, and insurance benefits; 1 designated “ equality of opportunity” without defining its meaning; 1 referred to

sanitary facilities; and 1 authorized full integration of all plant facilities.

A

training. Whether these clauses would also

include apprenticeship programs could not be

determined from a reading of the agreements as

no provision referred to apprenticeship training

as such.8

To assure equal opportunities to all workers, a

number of provisions banned bias in promotions

(34), transfers (19), or job assignments (7).

Characteristically, these appeared on lists of

enumerated contract conditions to which the nonbias provision applied, but on occasion they

appeared separately or with other specifically

designated conditions, as in the following examples:

There shall be no shifting of employees from one job to 

another because of race, color, creed, or national origin. 

(Lufkin Foundry and Machine Co. and Steelworkers.)

* * *

No employee shall be discriminated against or deprived of 

employment or promotion or discharge because of race, 

color, creed, or union membership. (Film Processing Cos. 

in New York and New Jersey and Stage Employes.)

Seniority plays an important role in upward,

downward, and lateral movements, as well as in

the order in which employees are reached for

layoff. To prevent discrimination in this area,

12 provisions specifically ordered equal treatment,

as follows:

Seniority shall not be affected by race, marital status, or 

dependents of the employee. (Twin Coach Co. and 

Machinists.)

* * *

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Seniority: No discrimination because of sex, race, religious

creed, or color. Where employees are doing work in the 

same job classification, their seniority will be applied. 

(Hamilton Watch Co. and Watch Workers.)

Discriminatory layoffs were prohibited in

another 28 provisions, again usually as part of a

list of enumerated conditions. In one agreement,

where this matter was treated separately, the

following phraseology was employed:

Seniority in Layoffs: Except as specified herein, in terminating the employment of an employee, other than for 

good cause, the employer agrees to abide by the seniority 

rule, which means [that] the length of employment [shall 

be considered] and . . . the employment of the last 

employee employed by the employer shall be the first to be 

terminated. Age, sex, or color shall not be grounds for the 

termination of an otherwise qualified employee. . . . 

(Retail Food Market Operators of San Diego and Retail 

Clerks.)

Twenty-five contracts specifically eliminated

discrimination as a cause for discharge, as in the

following:

Discharge for Cause: The employer shall have the right 

to discharge any employee for good cause such as dishonesty, insubordination, incompetency, intoxication, 

unbecoming conduct, or failure to perform work as required. Age, sex, creed, or color shall not be grounds for 

the termination of an otherwise qualified employee. (Los 

Angeles Retail Drug Operators and Retail Clerks.)

Similarly, 16 provisions banned any bias in

disciplinary action.

A few clauses focused on wages (21) or hours (3)

in an effort to bar discriminatory practices in these

areas. Among these were the previously cited

“ equal pay for equal work” provisions.

An additional seven provisions banned discrimination in a variety of other working conditions.

Two, for example, adopted by inference the working conditions cited in Federal or State laws, and

another two prohibited discrimination in the application of sickness, accident, and insurance benefits.

The fifth established a committee to “ consider and

work out means of providing equality of opportunity,” and the sixth stated that:

. . . all sanitary facilities, such as wash houses, toilets, 

etc., shall be at the disposal of all employees regardless of 

color or race. . . . (American Smelting and Refining Co. 

and Mine, Mill and Smelter Workers.)9

The seventh provision authorized full integration of all plant facilities:

The company shall not discriminate in favor of or against 

any employee or group of employees as to hours, wages,

or conditions of work or grant to any employee or group 

of employees different terms of employment than those 

set forth in this agreement. Employees shall be integrated 

in the plant regardless of race, creed, or color. (Sun Shipbuilding and Dry Dock Co. and Boilermakers.)

Enforcement of Provisions

Antidiscrimination clauses, like other contract

provisions, are enforcible through the grievance

procedure. In the absence of specific bans,

grievances alleging discrimination have been submitted to arbitration by invoking existing contract

provisions, such as the discharge, layoff, or

seniority clauses. One arbitrator has reasoned

that the existence of a grievance procedure in the

agreement in effect establishes the employee’s

right to fair, impartial, and nondiscriminatory

treatment, and thus a discrimination case is

arbitrable even in the absence of a specific

provision.10

Of the 307 antidiscrimination provisions studied,

only 9 stressed their enforcibility by specifically

authorizing the use of disciplinary and grievance

procedures. One of them empowered the employer

to discipline individuals violating the bar against

biased behavior, and four others (including some

in major automobile agreements) outlined enforcement through the grievance procedure in the

following manner:

. . . any claims of violation of this policy must be taken 

up as a grievance, provided that any such claim must be 

supported by written evidence by the time it is presented 

by the shop committee at a meeting with management. 

(General Motors and Automobile Workers.)

To avoid possible abuse of the employee’s right to

file a grievance on discrimination grounds, a sixth

obligated the union to exercise this right in a

manner that would not create “ interracial problems or dissension.” A seventh limited discrimination grievances to on-the-job complaints

only; hiring claims were to be processed under the

existing State fair employment practices law.

The final two provisions stressed that unsettled

discrimination grievances could be taken to

arbitration under the following procedure:

9 This is in contrast to the following provision enforcing the segregation of

sanitary facilities because of a State law: 4‘Sanitary drinking and toile facilities for white and colored separately must be available to all workmen in

compliance with the provisions of the State Sanitary Code.” (Associated

General Contractors of Louisiana and Carpenters.)

10 Goodyear Tire and Rubber Co. and Rubber Workers, 1 Labor Arbitration Reports (Bureau of National Affairs) 122 (1945).

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. . . the question as to such discrimination against such 

employee may be initiated by the union as a grievance 

. . . commencing at step 2 [of the grievance procedure], 

and if the parties have failed to settle such question by 

negotiation it may be submitted to arbitration. . . . 

(R. H. Macy and Co. and Retail, Wholesale and Department Store Union.)

Reported arbitration cases 11 involving claims

of discrimination offer some insight into the

enforcement of antidiscrimination clauses. B y

and large, arbitrators have held that evidence to

support a charge of bias must be clear cut. From

the facts developed in the hearings, said one arbitrator, discrimination must be a necessary result,

not just a possible result.1 2 It must not require

the arbitrator to add inferences, said another, and

accept their sum to find bias.13 W hat constitutes

clear-cut evidence, however, remains a matter of

individual judgment.

Two other points made by arbitrators might be

noted. The common law principle of agency was

applied in one case, as follows:

11 In the first 37 volumes of the Bureau of National Affairs Laboi

Arbitration Reports, 18 discrimination cases were published. In

one, the inclusion of an antidiscrimination clause in a collective

bargaining agreement was the only point at issue. A second constituted

not an arbitration case, but the recommendation of a presidential emergency

board urging the elimination of a racial wage differential as well as adherence

to a national wage policy already existing in the agreement. Of the remaining

.16, 7 involved discrimination claims in the absence of a contract provision,

and 9 were cases in which the collective bargaining agreement contained

such a clause. Four dealt with discipline and discharge issues, three with

layoffs, four with promotions, and five with hiring.

13 Consolidated Steel Corp. and Steelworkers, 11 Lab. Arb. 891 (1948).

13 Rath Packing Co. and Packinghouse Workers, 24 Lab. Arb. 444 (1965).

14 Swift & Co., and Packinghouse Workers, 17 Lab. Arb. 539 (1951).

i* Borg-Warner and United Electrical Workers (Ind.), 17 Lab. Arb. 539

(1951).

i# Bethlehem Steel Co. and Marine and Shipbuilding Workers, 2 Lab. Arb.

187 (1945).

37 Goodyear Tire and Rubber Co., op. cit., p. 121.

38 Republic Steel Corp. and Mine, Mill and Smelter Workers, 17 Lab. Arb.

71 (1951); Eagle Electric Manufacturing Co. and Automobile Workers, 29

Lab. Arb. 489 (1959); Eagle Electric Manufacturing Co. and Automobile

Workers, 31 Lab. Arb. 1038 (1957). In the last of these cases, the employer had

paid holiday pay, but the arbitrator awarded the difference between that pay

and earnings.

39 Tennessee Products and Chemical Corp. and Mine, Mill and Smelter

Workers, 20 Lab. Arb. 180 (1953).

20 American Potash and Chemical Corp. and Mine, Mill and Smelter

Workers, 3 Lab. Arb. 92 (1942).

33 Swift & Co., op. cit., p. 537.

Nothing in the record indicates that this discriminatory 

policy was known of, sanctioned, or approved by the company’s top management. Nevertheless, the company 

must be held responsible for the actions of those of its 

officials who instituted and carried through this policy. 

The agreement was violated by those in charge of the 

employment office of the Chicago plant, and the company 

is answerable for the violation.14

Another arbitrator stipulated that the existence

of an antidiscrimination clause would not protect

a worker from a justifiable discharge.15 The facts

as presented at the hearing indicated that the

grievant had a bad disciplinary record and that

the flagrant violation which he finally committed

was, in effect, the last straw. The arbitrator

noted that a week earlier another employee of the

same race had committed a similar violation, but

had been disciplined rather than discharged since

his record otherwise was good.

In cases in which arbitrators found discrimination, the wrong was usually redressed by ordering

back pay. In one discharge case, the employee

was reinstated and granted back pay.16 Similarly,

where one employee was given a disciplinary suspension of 1 week, he was paid his lost wages.17

In layoff cases, back pay was awarded.18 In two

promotion cases, one arbitrator awarded the difference between the rate on the old job and on the

higher rated job,19 and the second ordered that

the two aggrieved workers be given the first opportunity for promotion to the higher classification.20 In a case in which discrimination in hiring

was found, the arbitrator ordered the company

to hire the aggrieved job applicants at the first

available opportunity, with their seniority to

accrue from the date on which the original employment applications were filed. Back pay was

also ordered, but exact amounts were to be worked

out by the parties after an investigation of each

applicant’s employment experience elsewhere from

the date of application to the date of hiring. The

arbitrator rejected a union request that he order

the company to submit periodically the names of

job applicants and those actually hired, on the

grounds that he could not expand the employer’s

obligations under the contract.21

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Appendix

Antidiscrimination Provisions in Selected Union Constitutions

To supplem ent the study of antidiscrim ination p rov ision s in co lle ctiv e bargaining 

agreem ents, the Bureau exam ined the constitutions of all unions having 100,000 or m ore 

m em bers in I96022 fo r sim ila r types of p rov ision s. The 43 unions in this category represen t 

slightly m ore than 80 p ercen t of the 18. 1 m illion m em bers organized by national and in te rnational unions. S p ecific statem ents banning restriction s on m em bersh ip because of ra ce, 

co lo r, or nationality w ere found in the constitutions of 20 unions, applying to m ore than 

7 m illion m em b ers. 23

As a rule, statem ents setting forth the union*s ob jectiv e to organ ize all eligible 

w orkers w ere incorporated in those sections of the constitution which deal with aim s and 

general p o licie s, often found in the pream ble, or in sections d escribin g qualifications for 

m em bersh ip. L ess frequently, such p rovision s w ere part of the oath of m em bersh ip, or 

w ere in corp orated in a rticles applying to particu lar aspects of internal a ffairs, such as 

chartering of loca l affiliates and election cam paigns. To illustrate the variety and ch a ra cte ristics of these constitutional p rov ision s, excerpts from the constitutions of the A F L -C IO 

and five international unions are reproduced on the follow ing pages.

22 See D ire cto ry of National and International Labor Unions in the United States. 1961, 

BLS Bulletin 1320, p. 49.

23 No constitution of unions in this size group— 100, 000 and over— restricted m e m b e rship fo r reasons of ra ce or co lo r. There are, how ever, at presen t 3 unions— the B roth erhood of L ocom otive F irem en and Enginem en (A F L -C IO ), the B rotherhood of L ocom otive 

E ngineers (Ind. ) and the O rder of Railw ay C onductors and B rakem en (Ind. )— that maintain 

ra cia l restriction s upon m em bersh ip, as, fo r exam ple, _in the follow ing:

No p erson shall b ecom e a m em ber of the /u n io n /, unless he is a white man, can 

read and w rite the language used in operating the road w here he is em ployed, is a man 

of good m oral ch aracter, tem perate habits and in s e rv ice as defined /e lse w h e re in the 

con stitu tion /. (L ocom otiv e E ngineers).

11

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A m erica n F ederation of Labor and 

C ongress of Industrial Organizations

A R TIC LE II— O bjects and P rin cip les

The objects and p rin cip les of this F ederation are:

4. To encourage all w orkers without regard to ra ce, creed , co lo r, national origin 

or an cestry to share equally in the full benefits of union organization.

A R TIC LE VIII— E xecutive Council

Section 9. In carryin g out the p rovision s of this A rticle the E xecutive C ouncil shall 

recog n ize that both craft and industrial unions are appropriate, equal and n e ce ssa ry as m ethods 

of trade union organization and that all w orkers whatever their ra ce, co lo r, creed or national 

origin are entitled to share in the full benefits of trade union organization.

A R T IC L E XIII— C om m ittees and Staff Departm ents

Section 1. The P residen t of the F ederation shall appoint the follow ing standing co m ­

m ittees and such other com m ittees as m ay from tim e to tim e be n ecessa ry . The P resid en t 

with the approval of the E xecutive Council m ay com bine standing com m ittees. The co m ­

m ittees, under the d irection of the P residen t, and su bject to the authority of the E xecutive 

C ouncil and the Convention, shall ca rry out their functions as d escrib ed herein:

(b) The C om m ittee on C ivil Rights shall be vested with the duty and resp on sibility 

to a ssist the E xecutive C ouncil to bring about at the e a rliest p ossib le date the 

effectiv e im plem entation of the p rin cip le stated in this constitution of nond iscrim in ation in accord an ce with the p rovision s o f this constitution; . . .

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International Union, United A utom obile, A e ro sp a ce , 

and A gricu ltu ral Im plem ent W orkers 

of A m erica (A F L -C IO )

13

A R TIC LE 2— O bjects

Section 2. To unite in one organization, reg ardless of religion , race, creed , 

co lo r, p olitica l affiliation or nationality, all em ployees under the ju risd iction of the In ternational Union.

A R TIC LE 16— Initiation F ees and Dues

Section 12. The International Union shall set aside all sum s rem itted by L ocal 

Unions as Union Strike Insurance Fund dues and the funds resulting shall be a specia l fund 

to be known as the International Strike Insurance Fund, to be drawn upon ex clu siv ely fo r the 

purposes of (1) aiding L ocal Unions engaged in authorized strikes and in cases of lockouts, 

and (2) assistin g by donations or loans other International Unions and nonaffiliated L ocal 

Unions sim ila rly engaged, and (3) m eeting financial obligations or expenditures which this 

International Union or its affiliated L ocal Unions incur as a result of authorized strikes or 

in cases of lockouts, and then only by a tw o-th irds (2/3) vote of the International E xecutive 

B oard. F rom the rem ainder of each m e m b e r's m onthly p er capita tax, the International 

Union shall set aside:

2. One cent (. 01) to the F a ir P ra ctice s and A n ti-D iscrim in a tion Fund to be expended 

only fo r the support and prom otion of the p rogram s and activities of the In ternational Union in support of F a ir em ploym ent p ra ctice s and in opposition to all 

d iscrim in a tory p ra ctices in em ploym ent.

A R TIC LE 25— F a ir P ra ctice s and A n ti-D iscrim in a tion Departm ent

Section 1. T here is h ereby created a departm ent to be known as the F a ir P ra ctice s 

and A n ti-D iscrim in ation D epartm ent of the International Union.

Section 2. The International P resid en t shall appoint a com m ittee com posed of In ternational E xecutive B oard m em bers to handle the functions of this departm ent. He shall also 

appoint a d ire cto r who shall be a m em ber of the Union and approved by the International 

Executive B oard. He shall also appoint a staff which shall be qualified by previous e x ­

p erien ce and training in the field of in te r-ra cia l, in ter-fa ith , and in ter-cu ltu ral relations.

Section 3. One cent (.0 1 ) per m onth per dues-paying m em ber of the p er capita 

forw arded to the International Union by L ocal Unions shall be used as the F a ir P ra ctice s 

and A n ti-D iscrim in a tion Fund of the International Union as provided in this Constitution.

Section 4. The departm ent shall be charged with the duty of im plem enting the 

p o licie s of the International Union dealing with discrim in ation , as these p o licie s are set forth 

in the International Constitution and as they m ay be evidenced by action of the International 

E xecutive B oard and of International Conventions, and to give all p ossib le a ssistan ce and 

guidance to L ocal Unions in the furtherance of their duties as set forth in this a rticle, and 

to ca rry out such further duties as m ay be assigned to it from tim e to tim e by the International P residen t or the International E xecutive B oard.

Section 5. It shall be m andatory that each L ocal Union set up a F a ir P ra ctice s 

and A n ti-D iscrim in ation C om m ittee. The sp e cific duties of this C om m ittee shall be to p r o ­

m ote fa ir em ploym ent p ra ctice s and endeavor to elim inate d iscrim in ation affecting the w elfare 

of the individual m em bers of the L ocal Union, the International Union, the labor m ovem ent 

and the nation.

A R TIC LE 44— L oca l Union Com m ittees

The L ocal Union shall have the follow ing standing com m ittees: Constitution and

B y -L a w s, Union Label, Education, R ecreation , Com m unity S e rv ice s, F a ir P ra ctice s and 

A n ti-D iscrim in ation , C itizenship and L eg isla tive, R etired M em bers, and such other co m ­

m ittees as they deem n ecessa ry . A ll com m ittees should be appointed or elected , su bject 

to the d iscre tio n of the L ocal Union or shop organization in the case of an A m algam ated 

L oca l Union.

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International B rotherhood of B oilerm a k ers, 

Iron Shipbuilders, B lacksm iths, F org ers 

and H elpers (A F L -C IO )

A R T IC LE I— O bjectives and G overnm ent

P u rposes and O bjectives

Section 2. This O rganization is founded on the p rin cip le that in a d em ocra cy , good 

unionism is good citizen sh ip. The purposes of this International B rotherhood are: To im p le ­

m ent the e x e r cise of the natural right o f w orkers to organ ize that they m ay m ore secu rely 

w ork with dignity; to establish the contentm ent of freed om and secu rity; to enable its m em bers 

to participate a ctively in self-g overn m en t; to unite into one International B rotherhood all 

w orkers eligible fo r m em bersh ip, reg a rd less of religion , ra ce, creed , co lo r, national origin , 

age, or sex; to secu re im proved w ages, hours, w orking conditions, and other econ om ic advantages fo r the m em b ers through co lle ctiv e bargaining, through advancem ent of our standing 

in the com m unity and in the labor m ovem ent, and through other lawful m ethods; to provide 

educational advancem ent and training fo r o ffic e r s , em ployees and m em b ers; to safeguard 

and p rom ote the p rin cip le of fre e co lle ctiv e bargaining, the rights of w ork ers, fa rm ers and 

con su m ers, and the secu rity and w elfare o f all the people by p olitica l, educational,and other 

com m unity activity; to p rotect and strengthen our d em ocra tic institutions and p re s e rv e and 

perpetuate the ch erish ed traditions of d em ocra cy ; to p rotect and p re s e rv e the union as an 

institution and in the p erform a n ce of its legal and contractual obligation s.

A R TIC LE 4— M em bership Q ualifications

S ection 1. An applicant fo r m em bersh ip in this B rotherhood shall be one who has 

reach ed the m inim um w orking age p re s crib e d by statutory law s, reg a rd less of ra ce, creed , 

c o lo r, sex, or national origin and who is w orking at som e branch of the trade o r em ployed 

in a shop, p la n t,o r industrial fa cility w here the International B rotherhood has ju risd iction 

at the tim e of m aking application, as provided in A rticle II of this Constitution. No applicant 

fo r m em bersh ip shall be con sidered eligible who is a m em b er of the Com m unist P arty or of 

any other su bversive group, or who su bscrib es to the d octrin es of any such groups.

A R T IC L E 23— R eligious and P o litica l D iscu ssion

Section 1. A ll religiou s and partisan p o litica l d iscu ssion s shall be s trictly p r o ­

hibited and excluded from the proceedin gs of the International B rotherhood and its subordinate bodies.

A R TIC LE 28— Libelous Statem ents P roh ibited

Section 11. No candidate shall circu la te any cam paign m a terial containing any im ­

p ro p e r referen ces to ra ce, religion , national origin^ or cre e d o r containing any scu rrilo u s, 

defam atory, or libelous m atter.

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B rick la y ers, M asons and P la s te r e rs ’ 

International Union of A m erica (A F L -C IO )

A R T IC L E I— Title, O bject, and P ow ers

Section 2. The OBJECT shall be to unite into one parent body, for mutual p rotection 

and benefit, a ll m em b ers of the M ason Craft that w ork at the sam e who are citizen s of the 

country within its ju risd iction , without condition as to servitude or ra ce.

A R T IC L E 12— A pplication for M em bership

Section 2. E Q U A L IT Y .— E very m em ber of the International Union shall stand equal 

b efore the law in his rights and p riv ile g e s, and shall be entitled to all benefits and protection , 

providing he con form s to the rules and form of p rocedu re h erein m entioned.

A R TIC LE 13— C harters

Section 1. APPLICATIO N FOR C H A R TE R .—A pplication fo r charter fo r a new union 

m ust be signed by at least ten b rick la y e rs, stonem asons, cem ent m asons, p la ste re rs, m arble 

m asons, tile setters, or m osa ic and te rra zz o w ork ers, of good standing in a com m unity w here 

there are a sufficient num ber of b rick la y e rs, stonem asons, cem ent m ason s, p la sterers, 

m arble m asons, tile se tte rs,o r m osa ic and te rra zzo w orkers to m aintain a subordinate union. 

Under no circu m stan ces w ill a ch arter be granted to any body of m en in any city, town or 

village w here one or m ore unions already exist without the consent of a m a jority of the 

other unions being fir s t obtained, except w here a lo ca l union or any or all of them have 

been suspended, in which case the E xecutive Board shall, for the p rotection of the rights, 

p riv ileg es, benefits and property of loyal m em b ers thereof, im m ediately grant a charter to 

all m em b ers of said suspended lo ca l who w ere not in any way resp on sible for the suspension 

of said lo ca l or against whom no charges are pending, and said lo ca l shall be the authorized 

loca l of this I. U. until the suspension of the old loca l shall have been passed upon by the 

next Convention thereafter of this International Union. P rovided, alw ays, that the convention 

assem bled, when the circu m stan ces of the ca se m ay requ ire, shall authorize the E xecutive 

Board of this I. U. , in sp ecific instances, approved by tw o-th irds of the delegates assem bled 

to grant such ch arters as the interests of this I. U. m ay requ ire. But should a subordinate 

union refu se consent to grant a charter to a body of craftsm en sim ply on account of race, 

nationality, or religion , the E xecutive Board shall have pow er, after due investigation of 

sam e, to grant a ch arter to said craftsm en if, in their opinion, the reason given by the 

union refusing consent to grant said ch arter is unjustifiable, providing the applicants r e ­

ceive the hours and w ages of that loca lity. Under no con sideration shall the E xecutive 

Board grant said charter unless the applicants demand the hours and wages in the ju r is ­

diction of the loca lity w here it is to be granted, nor shall the E xecutive B oard h ereafter 

grant a ch arter to any corp ora te body. The grant of a ch arter shall be p erson al to those 

applying th erefor and m entioned therein and their s u cce s s o rs , and any charter h ereafter 

claim ed to have been granted to an incorporated body shall be absolutely null and void, and 

the m em b ers of such corp ora tion shall not be entitled to any rights or benefits of this International Union until they have su rren dered such charter and been granted a new charter 

in a ccord an ce with the International Union Constitution; nor shall any existing subordinate 

union h ereafter b ecom e incorporated without the consent of this International Union in Convention assem bled.

A R T IC L E 18— Code of O ffenses A gainst Subordinate Unions and Penalties

Section 10. A fine of one hundred d ollars ($100) shall be im posed on any m em ber 

or union who shall be guilty of d iscrim in ation against any m em ber of the B. , M. & P. I. U. 

of A. by reason of ra ce or co lo r.

It shall be a violation of the I. U. Constitution to w rite, p u b lis h e r circu la te in any 

m anner or cause to be so w ritten, published^or circu lated in any letter, new spaper, p eriod ica l, 

m agazine, pamphlet., or any other m edium any a rticle or w riting w hatsoever concerning this 

I. U. , its Subordinate Unions, or any m em ber or o ffice r thereof, or anyone a candidate for 

any office therein, for the purpose of inducing the m em bers of this I. U. , by suggestion, 

order, persu asion , or otherw ise to d iscrim in ate against or in favor of such m em ber, o ffice^ 

or candidate because of his nationality, color? or creed . Any violation of the p rovision s of 

this paragraph w ill be punishable by a fine of $100.

Rules of O rder

26. No subject of a religiou s nature shall at any tim e be adm itted.

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United Mine W orkers 

of A m erica (Ind. )

ARTICLE I— Name

This organization shall be known as the United M ine W orkers of A m erica . It shall 

be International in scop e, and as an organization shall not be com m itted to or favor any 

p articu lar religiou s cre e d ; neither shall affiliation herew ith in terfere with the religiou s or 

p olitica l freed om of individual m em b ers.

ARTICLE II— O bjects

F irst. To unite in one organization, reg a rd less of creed , co lo r, or nationality, all 

w ork ers eligible for m em bersh ip, em ployed in and around coa l m in es, coa l w a sh eries, coa l 

p ro ce ssin g plants, coke ovens, and in such other industries as m ay be designated and ap ­

proved by the Inter national E xecutive B oard, on the A m erican continent.

L oca l Union Manual— M em ber’ s Oath of Initiation

I do sin ce re ly p rom ise, of m y own free w ill, to abide by the laws of this Union; 

to bear true allegian ce to, and keep inviolate the p rin cip les of the United M ine W orkers of 

A m erica ; never to d iscrim in ate against a fellow w ork er on account of creed , c o lo r , or 

nationality; to defend freed om of thought, whether exp ressed by tongue or pen, to defend on 

all occa sion s and to the extent of m y ability the m em b ers of our O rganization.

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United Packinghouse, F ood and 

A llied W orkers (A F L -C IO )

P ream ble

We, the United P ackinghouse, F ood and A llied W ork ers, rea lize that the struggle to 

better our w orking and living conditions is in vain unless we are united to p rotect ou rselv es 

co lle ctiv e ly against the organ ized fo rc e s of the em p loy er. We, th erefore, fo rm an org a n ization w hich unites a ll w ork ers in our industry on an industrial basis with rank and file co n ­

tro l reg a rd less of craft, age, sex, nationality, ra ce, co lo r, creed , or p olitica l beliefs co n ­

sistent with d em ocratic p ro c e ss e s , and we pledge ou rselves to pursue at all tim es a relen tless 

and a g g ressiv e struggle to advance our in terests.

We recog n ize that our industry is com posed of w ork ers of all nationalities, of many 

ra ce s, of differen t creed s and p olitica l opinions. In the past^these d ifferen ces have been 

used to divide us and one group has been set against another by those who would prevent 

our unifying. We have organ ized by overcom in g these divisive influences and by r e c o g ­

nizing that our m ovem ent m ust be big enough to encom pass all groups and all opinions. We 

m ust always be a lert and ready to strike down any attem pts to divide us. We m ust d estroy 

the p ossib ility of disunity through the education of our m em bersh ip in the spirit of solidarity 

with a view to elim inating all p reju d ices.

ARTIC LE III— Ju risdiction and E ligibility to M em bership

Section B. A ll person s w hose occupation is in the industry, as d escrib ed above in 

Section A, or person s em ployed by the International Union, or a loca l union, or m em bers 

who are em ployed by organizations to which the International Union or a loca l union is a ffiliated, or m em b ers who are elected or appointed to public o ffice are eligible fo r m e m ­

bersh ip in the United Packinghouse, F ood and A llied W ork ers, reg a rd less of skill, age, 

sex, nationality, co lo r, religiou s or p olitica l b eliefs or affiliations con sisten t with d em ocra tic p rin cip les.

ARTICLE XVI-r—M em bership

Section D. O bligation.

L oca l unions shall give to each new m em ber the follow ing obligation:

I do sin ce re ly p rom ise to abide by the laws of the Union, to bear true allegian ce 

to the p rin cip les of U nionism , never to discrim in ate against a fellow w ork er on account of 

creed , co lo r, or nationality, to defend freed om of thought whether exp ressed by tongue or 

pen, and to defend and a ssist the m em b ers of our organization in our com m on effort to 

achieve the ob jects of our Union. I pledge m y se lf to support the Constitution of the United 

Packinghouse, F ood and A llied W orkers and to obey all lawful ord ers of the International 

E xecutive B oard.

U .S. G O V ER N M EN T P R IN T IN G O F F IC E : 1962 0 — 649061

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