« PreviousContinue »
SEC. 31. When the conditions established by this arbitration plan are not maintained in a shop or on a job by employers or employees not parties to this plan, the plan shall not apply in this particular shop or on the particular job for the time being, provided the nonmaintenance is proven to the satisfaction of the executive committee of the General Arbitration Board and the dispute can not be adjusted by it within twenty-four hours.
SEC. 32. The Building Trades Employers' Association agrees that its members and the labor unions collectively agree that the several unions and their members shall faithfully observe and abide by the provisions of this plan, and the labor unions collectively agree to maintain the wages, hours, and other conditions of employment prescribed by the several trade agreements and this arbitration plan wherever members of any trade-union, parties to this plan, are employed within the territory covered by this plan.
SEC. 33. After the date of the adoption of this plan, no union shall become a party thereto without the consent of the General Arbitration Board, but should the General Arbitration Board disagree on the question of admitting a union, it shall refer the case to arbitration.
APPENDIX B.—Rules of Procedure of the GENERAL ARBITRATION BOARD.
The rules of procedure as adopted were the result of considerable study on the part of a special committee appointed for that purpose. That they were not satisfactory to all concerned was admitted, but after a thorough study by the board of their actual workings for a period of several months, amendments were proposed and adopted, and the final draft was as follows:
RULES OF PROCEDURE OF THE GENERAL ARBITRATION BOARD OF THE NEW YORK BUILDING TRADES.
[Adopted Aug. 10, 1903, and amended Mar. 1, 1904.]
1. Complaints shall be specific and shall be first addressed in writing to the general secretary and signed by the secretary or business agent of the union or secretary of the employers' association. The General Arbitration Board or the executive committee, as the case may be (see secs. 2 and 9 of the plan), shall be convened by the general secretary within 24 hours of receipt of a complaint, but the complaint, if made by a union, must receive its seal before being presented to the meeting.
2. Upon the receipt of a complaint the general secretary shall immediately address a copy of the same to the president and secretary of the association or union of which the party or parties complained of are members, also a copy to the business agent of the union and the individual employer concerned.
3. If, on a complaint being presented to the General Board or executive committee, as the case may be, by any party to the arbitration plan, and another party to the arbitration plan considers itself involved, the General Arbitration Board or the executive committee, as the case may be, may make such parties parties to the complaint, provided the application is made at or previous to the meeting of the Board in which the complaint is considered, and the general secretary shall notify the new parties to the complaint in the same manner as he does the original parties.
4. After the General Arbitration Board or executive committee has authorized the special arbitration board and the parties to a complaint have selected their arbitrators from the General Arbitration Board (see sec. 10) the general secretary shall call a meeting of the special board so selected within 24 hours. Should the parties to a complaint decline or fail to select their arbitrators from the General Arbitration Board within 24 hours, after being notified to do so, the general secretary shall call a meeting of the executive committee of the General Arbitration Board within 24 hours and said executive committee shall at once organize a special arbitration board to decide the point at issue, as provided in section 9 of the agreement.
5. The special arbitration board shall convene within 24 hours, shall be called to order by the general secretary, and shall organize by electing a chairman and secretary. The umpire shall then be selected and his acceptance obtained before opening the case as provided for in section 12 of the agreement.
6. Arbitration papers as provided for in section 12 of the joint arbitration plan, in which the complaint and questions to be arbitrated must be specifically stated, shall be signed by the official representatives of all parties to the complaint and presented to the special arbitration board after the receipt of the acceptance of the umpire. The said board shall then proceed forthwith to conduct the hearing under the following rules:
(A) The party (or parties) making the complaint shall each have the right to present its case and evidence without interruption, excepting that when oral evidence is introduced, cross-examination of witnesses shall be allowed. The opposing party (or parties) shall have the same right to present its case. The first party or parties shall then have the right to present evidence strictly in rebuttal and the opposing party or parties shall in turn be allowed to present counter evidence strictly in surrebuttal.
(B) In case either side is unable to present particular evidence at the moment under the provisions of paragraph A, the order of procedure may be varied to the extent of allowing such evidence to be presented at such session as may be agreed upon by the parties to the arbitration or as may be ordered by a majority of the special board of arbitration. All evidence must be presented at the regular open sessions of the board. No evidence shall be considered by the special arbitration board except that which is presented at its regular open sessions.
(C) After all evidence has been presented, the defendants and then the complainants shall present their oral arguments. Each party to the case shall be represented by one of its members only, acting as counsel.
(D) A majority of the special board of arbitration must agree upon the exact times and places of hearing and all parties shall receive notification.
(E) The umpire shall not confer directly or indirectly on the matter in arbitration with either or any of the parties interested from the time of his appointment until the decision has been duly signed by the umpire or a majority of the special arbitration board. The members of the special arbitration board shall be permitted in any case to visit together any building to investigate the testimony presented. Any violation of the provisions of this or the preceding section proven to the satisfaction of the body authorizing the special arbitration board shall invalidate all acts of said special arbitration board and proceedings shall begin anew.
(F) When the hearings are concluded, the arbitration board shall without unnecessary delay go into executive session, from which all persons except the members of the board and its stenographers shall be excluded. The award of the board must be formulated and signed by at least three members thereof at a regular executive session, after there has been full opportunity for consideration and discussion, due notice of such session having previously been given to each member.
(G) The arbitration board shall not be compelled to set forth its reasons for making the award and may do so only in the written award. In framing its award, the findings shall be expressed in detail, in order that no misunderstanding shall afterwards
(H) Should a majority of the special arbitration board fail to agree upon an award or decision within a reasonable length of time, all records, evidence, and exhibits in the case and the briefs of the members of the board (if they desire to submit briefs) shall forthwith be transmitted to the umpire, who shall be privileged to confer with the parties to the complaint (all parties to the complaint must receive proper notification of the proposed conference) and who shall render his decision without unnecessary delay.
(1) The transcript of the report of the stenographer shall be accepted as the true evidence of what occurred at all hearings, unless it can be conclusively shown that substantial errors exist in said transcript.
7. The general secretary shall notify the secretaries of the organizations, parties to a complaint, of all meetings of the executive committee, General Arbitration Board, and special arbitration board if called for the purpose of considering the same. He shall mail copies of the proceedings of all meetings of the General Arbitration Board and copies of all arbitration decisions to the secretaries of all unions and associations.
8. The chairman of the General Arbitration Board, who shall be elected annually at the first meeting held during the month of July, shall be chairman of the executive committee, and the general secretary shall be secretary of the executive committee.
9. There shall be a vice chairman, who shall be elected annually at the first meeting in July, to serve for one year and who shall perform the duties of the chairman in the absence of that officer.
10. It is the unanimous opinion of the members of the General Arbitration Board that all disputes arising between employers and employees in trades having joint agreements should be adjusted by the trade arbitration or conference board of the particular trade.
11. The meetings of the General Arbitration Board and of the executive committee, except as otherwise provided for, shall be conducted in accordance with the rules of procedure and debate outlined in Cushing's Manual.
12. Members of special arbitration boards shall be remunerated for lost time while serving as members of said boards at the rate of $6 per day, each arbitrator to be paid by the parties for whom he is acting.
APPENDIX C.-TRADE JURISDICTION IN THE BUILDING TRADES OF GREATER NEW YORK.
The following descriptive matter concerns the jurisdictional claims of the 31 unions in the building trades industry in Greater New York. Divided into occupational units there are 63 separate and distinct divisions of labor with exactly that many independent jurisdictional claims and wage rates.
The purpose is to show: First, the original trade jurisdiction as provided for in the charter grant of the national or international union with which each respective local union in the building trades industry is affiliated. It must be understood that the original "jurisdiction claims" in charters granted to national or international unions by the American Federation of Labor constitute the jurisdiction claimed by the organization thus chartered, and allowed by the American Federation of Labor, except that in each such charter grant the trade jurisdiction is "held to be controversial.”
Second, all agreements that have been made between national and international unions in the settlement of jurisdictional claims over work which has been in dispute betwen said national and international unions.
Third, all decisions and awards that stand as the legal jurisdictional findings made in conventions of unions of the building trades affiliated with the building trades department of the American Federation of Labor.
Fourth, all contractual relations between employers' associations and the unions in the building trades industry which apply to trade jurisdiction in Greater New York.
Fifth, all decisions, awards, and rulings effecting in any way the jurisdiction of trades made by the General Arbitration Board, the executive committee, special arbitration boards, or umpires in connection with the building trades arbitration plan in Greater New York.
An effort has been made to present this information concerning jurisdiction of trades by occupational units in related trade groups. This grouping permits of a close relationship as regards jurisdiction. and is presented in 10 industrial divisions, as follows: Structural, sheet, and fabricated metal trades, natural and artificial stone-working trades, woodworking trades, electrical trades, painting and decorative trades, composition plastic trades, plain and ornamental clayproducts trades, pipe-fitting trades, motive-power trades, and the miscellaneous trades.
Accompanying this descriptive matter as outlined above, there is presented a table showing the occupational units in each related group. These tables also give the number of unions in their respective trades in Greater New York, and for each trade the membership and daily wage rate for 1913.
PAINTING AND DECORATIVE TRADES.
The crafts in this group cover the application of every form of decoration used in or on a building or structure. The work in the painting trades consists of the application of oil, paint, water colors, varnishes, stains, or other material used for preservation or decoration, including enameling and gilding of furniture, mural decorations, and structural woodwork; in the paper-hanging industry, the hanging of all paper or other fabrics used for the covering of walls, and the preparation of walls for receiving the same.
The decorative art glass work extends to the making and setting of art or stained-glass windows, cutting and setting glass mosaics, cutting and setting decorative glass for walls or ceilings.
Decorative upholstering includes the making and hanging of curtains, draperies, wall slatting, wall hanging, also the making of cushions, slip covers, and shades.
NUMBER OF UNIONS AND MEMBERS AND RATES OF WAGES IN PAINTING AND DECORATIVE TRADES, BY OCCUPATIONS, 1913.
ORIGINAL CHARTER CLAIMS AND JURISDICTION.
Daily rate of wages, 1913.
BROTHERHOOD OF PAINTERS, DECORATORS, AND PAPER HANGERS OF AMERICA.
The Brotherhood of Painters, Decorators, and Paper Hangers of America, chartered by the American Federation of Labor, is recognized by it and by its affiliated organizations as having jurisdiction over all men engaged in the painting, paper hanging, and decorating industry, and in all kindred occupations which have been and are performed by the men employed in that industry. This work in which its members are employed consists of the applying of oil or other paints, water colors, plastic composition, varnish, stains, and all other materials applied with a brush, by dipping or other process, to plaster, wood, metal, or other materials for their preservation or decoration, including all house, sign, pictorial, car, carriage, machinery, ship, and railroad equipment, painting or decorating, the finishing of all woods used in buildings, or for furniture of office fixtures, the hanging of all paper or other fabrics used for the covering of walls, the preparation of walls for receiving the same, the placing in position of finished wall moldings, the imitation of woods (graining), marbles, or