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T ABLE OF CONTENTS

Foreword'

Introduction

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Restrictions on admission to trade unions

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The dosed union

"'. c~~Ciplinary action by trade 'unions

Division of power' .

How union policies are made

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.~ Recommendations

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';. ,'. . se '.'this.survey' of democracy jn. :-'",

;'~I·~lwu.)n.s.~·a timely contribution to, public policy. Whil:e':f{e

. . in tbe research or drafting, we enao~se;..'

reeommendatrons as in' the best interests both of unions' ana '

.<;,;.,.jt.li;;;i; ..... '" •• ~., 110..' . ic. None of us are employers or trade union officials, ,and,

, . of JlS represent in varying ways what may properly be called. '.

·:tiie:ppblk interest. '. .

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", It is, etident that unless the abuses in trade unions which have' .'

. ;'.~rOused widespread hostility are corrected, the \~rive for legiS-, ··,,9.tive;:control may not only undo the great gains for labor's-rights:

recent Jears, but also impose unwarranted restrictions. Those ;,ii:(llbuSes arise largely from . lack of democraticprattices-m man)!~,·. '.'

" ,. . .' in the etclusion of Negroes, women andothers ,

~qualffied' by their skills, in Iimitatlon- of membership by.hl.8h:~:

'; Jees~in'tontrol by autocratic cliques, or in, a few unionsby iacke-' . YE~et~d i:f1 the failure of some unions to hold regularand fait, .

. ·~~leetio~s and to account to the membership for union funds. - ,

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::i}rItese, practices are, it is true, exceptions to the genet~ll1-de~o:; .

. '. \m.ethod~ of most unions, But they ar.ee'xceptions(Qh~pi~,;

'~'!l\,'\uc'~pough to furnish ammunition for labor's enemil!s;-by whi~;~c, .

",;.,':<I)1WIIJC' ;sympathy' is, alienated and un{easonablepublicc;oi'ltto~,~: •.•..

l.¢r~~by·'moreeasily imposed. It, is therefore imper,ati,!e ..' 11:UU~J",:pr~~,u,res within. the trade union movement itself;" .' .. ~(el)tmnl.ll·.abuses be corrected, or that such controls .as~{lUt.y,:. . ...

"'&14;1"~"'._"'Iio'-:by l~»,' do not. go beyond reasonable·requiretnents·~ot;~,

~l()tJltlg genuiil~ democratic responsibility within ·the unioijs.",';\ :.' .. ' .

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'"argued that in time of war' trade unions, like:, OUllt:f :~lllJitCfn~~I;ln,W. ,;.t:submit~ to: restrictions essential toc0nlple~' .'

'.La'~&. .ts. evidentihai with. &!wex€epti()fis'tbe·uniorts;

:~~~> '9.'»& ,,:.,: ~o.f6~e80 the' exercise of . m~riy of these "rij' ttibt;,att(;F,:F;'~)

'(Q(ljJjet;'ateJ,wholeheartedly in obt~ingmaxinl~ ptQ,du£ttOtjS; ;~"Wdn;.tnJlOUnwn' i.nterr~ption.The vice. of the rc·~. tt.l',.;ttO· 'In'' s':urb1:K)$ta;:~h;;; :m·"war •• tune. and~already adopted inttiany_'sttlt~~ ;~,~:b.~ r::~t:j.bl:t~i '.«o.UI''''_'' relation to, the war but their iellec'tion, , . ~~*~smJ~tUl~c~Vat' as 'an . occasioitt9cclpple orde~i~~fitJ' ,u"j '~\Uti~

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, <permanently. And' tc 'do, so labor's enemies citethe,ie~.&iD~ herenr in undemocratic union practlces.. though they . may' affect '~. only.a min~,r. ity-au~ocr~~c leadership, racketeering, arbitrary ,Ie, '

manipulation by mmorttles.. .' , ... , .

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It therefore is imperative, even in, the midst of, war, if labor is

:to survive the attack without loss of essential rights, that- the abuses be promptly tackled and remedied, cl1iefly by the unions themselves. A disposition torecognize them .and to correct them would go far to enlist that public confidence in unionism without whichit cannot maintain or extend its independence and iigh~.

,We who endorse this report are wholly opposed to legislation' . which would impose legal restrictions on the right to strike (save

as it, may be voluntarily surrendered, in war-time), and on. the . right to 'peaceful picketing. We are opposed also to compulsoryincorporation of unions, to licensing labor representatives, to outlawing jurisdictional strikes or the closed shop.

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We are opposed to legal restraints on unions beyond two mear.,. '.' ures guaranteeing (1) that unions shall be open to ~H qualified ::> workers without discrimination and (2) that the democratic tights ',,' of members under union constitutiorisshall be protected.. .. , .. " •.

\ > We support legislation encouraging orderly industrial' relations •. :'We have supported the National Labor Relations Act as ,a neces- ' sary guarantee of peaceful organization and collective batgain .. ··/ mg. We have welcomed as a public service the exposures)", .r. the Senate Committee on Civil Liberties of the lawless practices': ' by which trade unions were so long fought and which happily' appear now t? be largely a matter of history.'

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The rule of 'force in industrial relations has been supplant~f~;;'

withfew.exceptions, by the the rule of law. It is essentialJ.~~~' ' fore, that trade unions which now receive gcvernmentaleecog- .: nition and protection should. respond 'by freeing themselves from'·· any remnants of the autocratic practices-which accompanied the eta of industrial warfare .

. It is only reasonable that the law should afford relief to union" 4

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mtmi>ers to insur~that theifl~~ders should hold offic¢asa result~ .: f~ir. afrd'\-egular elections, that they should account to the member- , ship for the expenditureof union's funds; that 'honest opposition . to union leadership should be jolerated without penalty; that fair trials with provision for appeals tp an impartial ,tr-~bunal

, should be afforded to' all members, and that no discrimination > should be made between members on account of their attitude to the leadership-or on the grounds of 'race, sex, religion, 'politics,

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These are elementary principles ordemocratic fairness. They .are guarantees not only for unien members but for' all of U,S. ,DemocraCy within private 'agencies as powerful as trade. unions . goes far toward maintaining democracy' in our political life. '

. _,We, cannot emphasize, too strongly that, we are dealing. not

, with 'the main-current of American trade unionism, but withexcep- . ", '. tional practices=-but practices, sufficient - importance to arouse.i',' undesetved prejudice against the trade union movement as.a whole, '

We assert oUr profound belief that American trade unionism is on the whole democratic, that it is public-spirited, that it is highly" patriotic and that ,it constitutes one of the most progressive forces

in American life. Its evils have been exaggerated out 'Of all pro-' p<>;ti?ns by a .hosnle press and, by antagonistic employers. If.1s the functi.OQ of those of us who endeavor to see. falrty the stmcaire and purposes of trade' unions to advocate those measures .

.,. . which in the king run will, establish them in public confidence as . one of the bulwarks of. American democracy:

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I While all of the undersigned join in support of the general:"." ..• : objectives of the recommendations, not all agree on all specific items. A few of those with reservations think the recominenda .. ,'. tions too far-reaching, but most would go further, . It would only

" lead to confusion to publish these reservations. now., . • . ,

<to

:.:' !.' JAMES C~BERLAIN BAKER (Bishop of' Methodist Episcopal

r.~t:;,.. Church, Los Angeles, California) .' "

r..: .: ~Y R) BEARD' (his!orian,New Milford,' Connecticut) , ...•.. ,;,:,. tAiL BBCKER (Cornelj University)

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.. J~COB BILLIKOPF (labor relations expert,· Philadelphia, Pa.)

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. Moruus LLEWELLYN· CooKE (consul!bg engineer, Washington,

D .. C.) - ,

JOHN~ A. FITCIi (New York School of Social Work)

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WI~UAM G. HABER (University "0£ Michigan) .

HERBERT HARRIS (Fortune Magazine, Ne~ York City) WILLARD HOTCHKISS (Carnegie Institute of, Technology, Pitts-

b~!gh, Pa.] ,

FREDA KmCHWEY ~ The Nation, New York City) WILLIAM DUPER L~WIS (1rector, American Law Institute, Phila·

, - 9~lphi~; Pa.) ;, .

LEWIS MAYERS (College of the City of New York) SPENCER MILLER, JR. (former director ~ orkers _Education .

Bureau, New York) . " .. _ " '-/-;-

JAMBS MYERS {Industrial Secretary, Federal Council of Churches,

Newy ork City) .' -

MAx Orro (University of Wisconsin)

SELIG PH'RLM~lj (University bf Wisc~nsin)' ,

E{WARD ~WORTH Ross (University of Wisconsin) MSGa" JOHN A. RYAN (Nationa(Cathoiic :Welfare Confer~e, .

_ W~shington"D. C.) ~. '. :_~:/ .

. JOEL, SEIDMAN (autho~ of -'''Unio~ Rights andUnlor; ·~~.ti~~:'

. - ;New York City) " " ",'

I. J,;: ScHAR!¥AN (University of Michigan) _:',' .'

.IiEMBRT L. SP.ENCElt (president, Pennsylvania. College 'for" N

. /" WomenJ' PittSburgh) ,,,' . , _' ..',

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/ PHILIP J. ,TAFT (Brown University, Providence, R. r)

'. ORDWAY TBAD (editor, Harper &B~os.,'NewY9fkCity) ,

. FRANCIS TYSON', (Unive,sity .ofPittsburgh] '.

-, '; LYNN T. WlJrrB.(San Francisco Theological Seminary) ..

Wn.LIAM At.tnNWHlTE (editur:o(the En,lporia Gazette, Kan.) •.

Th6. connections indictlii~ a,bofJe ars adde~ for the' purpose 01, "

. " ' :' . ,it!entification only. . . ,.

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INTRODUCTION"

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F0lt MANY years the American Civil Liberties Union, in the .

. course of protecting civil rights, has been confronted with "appeals from trade union members to test in the courts susp~" sions or expulsions from unions for criticism of union officials 'or the denial of the democratic right to oppose the union's adrninistration. To these complainants the exercise of their rights as members of unions was even more important than their rights as citizens, for it involved the conduct of their unions in relatipn to theirvery livelihood.

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Although the Americati-EiviLLib~rties Union's obligations are essentially the protection of civil rights guaranteed by the constitution, not the denial of rights by private assodiations, it made 'exceptions in the case of trade unions. Cases were taken up with . trade unionofficials, and when results were not 0 tamed, arrangements were often made for taking the cases into e Courts.'

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'. /,;, The reason for this exceptional treatment of th rights of trade ':·t::,,· union members was the' Union's conviction-long before the days

r. 'of the National Labor Relations Act-thit freedom of speech, :~~!~~:: . press, assembly in unions, and the right tocriticize. and oppose, : >~":: .. , .union officials. was close to our guarantees of-political liberty" (~~"': lnd, in a field where a man's livelihood was at stake, quite·aS [~:;.,' - ···-.important TlJe N.L.R.A. came along later to 'secure those _ same

i:{; '. ri_S~~a~ainst in~erference b~ employ~rs; the_.u.~~n protected them ~'/Jl f .,aga'lllst Interference by arbitrary union offioafs.The of ,·.~~~tt~.-.eourse.supported, the N.L.R.A. as it did the Norrisi~~H-'.i;' anti-injl$cpon act and all legislation pr;ttecting the rights of labor

~;,~ {>;;to organize, strike and, picket. . ;:. . . . ! _,

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[P',' r '. I : The . incr~as~g responsibilities placed on trade unions . ~i gov~ '_) -: ~ ;". ernmental protection of theirdemccratic 'rilhts demand tHat they .: i.rZ{'\ . 'm~ turn accept the responsibility.for the democratic conduct of'. ~?,;:~\ their own aHairs. 1\.0 autocratic' uruon,"mn wi~out the;jl\lf par- -:.

'::,"'- ticipation",ofits members and with~t ,a leadersh:ipresponsive t~ :.

r . its membership, cann6f morally claim democratic tights In deal~: .

"\' ing withemployers through the intervention of public·agendes.··-·;· '. _{'

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THIS DEVELOPMENT of the public responsibilities of trade unions, .: , together with continuing complaints of autocratic practices' which members sought to bring to the courts with the aid of the Union, prompted-in, 1941 the creation of a Committee on Trade Union Democracy, The purpose of the committee was to study

:tra.~~~; union practices and to suggest remedies for undemocratic procedures which denied to trade union members what may fairly be called their civil rights.

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In approaching its task the special committee- took into account the traditional policy of the A.C.L.U -: to aid labor to secure its rights to organize, strike and picket. The Union has held, by implication at least, that no industrial society can exist on a democratic basis without trade unions sufficiently strong to pro.' teet the rights of workers. The Union has to this decree expresseda bias in favor of trade unions ..

The A.C.L.U. functions through two ttpes. of activity, one of which is its day-by-day work of defending those whose rights and liberties have been attacked, and the other its long-term function 'of promoting social arrangements in the interest of extending

civil rights. > .

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Our study of trade union democracy is part of the Union's Ioeg-. term function. Its principal usefulness should be fonnd in creat-. ing constructive means to avoid turning attacks upon specific abuses within trade unions into attacks upon trade unionism itself, As.:_trade unions increase in power, operating under rights and privileges granted by law, they inevitably become the objects ofl~gislative'control. ~is p«:>ce_ss has become"so usual ~ Amerit~. ,tf~~ ~lfe that) most a~enC1 .. es wh~ch conte t? be, vested WIth. a l',Ub~l. C." ". _'.' •• ~ .. ~.~;I interest,' also become subject to ~g1SIatlve control: But legls·_;:'-~f~~

lative control, considering the presS'iit~ on legislatures; is likely' .':' ~"/$;': to go far beyond reasonable requirements, and to reflect a desire' to weaken or destroy unions=-as'all present tendencies show.

All legislative control should be approached with caution, and its limits carefully defined. For most of the abuses which legisla .. · tion seeks-to correct can be better reached by reforms within the unions, or by resort to the criminal or civil courts-as the. recent

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:''"history of prosecutio~sfor racketeering and of ~tervention to force elections or accounting clearly demonstrate.

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Su~ ACTION as this ~tudy, sugg~sts is b~~d first o~ the assum~· tion that trade l!!l:1~ns m their own interest will study their -own processes, analyze their public relations, and institute changes

,-:to. square with democratic practice. Legislation and court action are suggested only to cover exceptional abuses and, practices contrary to democratic principles.

We, 40 not deal with all the undemocratic practices of trade unions. We have selected for special study only typical instances involv~g individual rights .~d l~belties: We ass. ume that wb_e~er there 15 freedom' of OPPOSIt1On ill a unron, the essence ~moc. racy is present. This is perhaps a too simple test to be relied on 41 all cases. ' For freedom to oppose 0 may often be used as a con- . venient instrument for preventing the majority from. functioning.

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The problem of relating majority control to minority rights is

of .course not confined to trade unions. Nor can trade unions

, ·be expected at all times to follow wbolly democratic procedures, ~When they are engaged in 3: life-or-death struggle to attain the right to organize, it would be folly to ask them to postpone ·eve!y

. action until it could be done democratically .. Under such requirements there would be no trade' unions. But ~hen trade unions . . have, as now" .achleved their fundamental rights, and -are' 'protec- .. , ted by law in those rights, it is reasonable to expect of them ~

high standard of democratic ~rocedure. , . . .

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~; ,.. AMERICAN trade unions are doubtless growmg more demo-

... . (ratic.' This gi'O~ is not uniform; there are unfortunate and glaring exceptions. In many unions democratic growth is by no-means compatible with their strength and power. Democratic. standards; while general" are not, sufficiently strong to furnish

.the friends of trade unions with unquestioning assurances regard- .A. ing the future. Indeed, enough instances of the contrary are cited to provide their enemies with weapons for an attack upon the, trade union movement as a yvhole.· .

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. not deal in this survey with racketeering as such,for····":

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that is chiefly a 'symptom of -lack Q,f. democracy. Racketeering' by .~.;_ definition is the capture of power by J~ce' for the .. purpose of enriching a few individuals thrOUg~hrrOrism, bribery and shakedowns. No union controlled by its embership in fact has ever been captured by racketeers, either f m inside or outside. Where racketeers gain control by strong-as . methods and intimidation, as they always do, the only effective remedy yet applied iscrim-. inal prosecution. But it should be emphasized that racketeering

is .a phenomenon confined to a very few local unions (with rwo 0,.';:; or three exceptions of national bodies) in the .large cities, where7:{

it 'has flourished also in other associations. \:. . .

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It is imperative, if trade unions are to offset the attacks 0.0 them,'

that they should rapidly move to end these: abuses which give. strength .eo it. We are not so naive as to. believe that even so,.··· the enemies of labor would desist from the attempt to weaken or destroy the unions, But that public support on which they·· must depend for their success would be, greatly weakened-by eliminating racketeering, autocratic leadership, membership closed

, by excessive fees, and by racial and other discriminations., The public welcomes strong, responsible, honest unions, democratically organized and led. - .. .

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. OUR. FACTUAL study has. been restricted to the internal a~s-· .

.: tration of trade unions; We have not taken up such probl~& ,,~

, as the check-off of dues, jurisdictional conflicts and the, l.ike;~sitl(e .'~. . quite different problems.are - involved.'

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The first section covers various' aspects of, trade union govem-..'. .... \ ment .. The second deals with membershiprequirements and dis- -. . crimination. T~e. third deals with expulsions - and disciplinary. ,~(.~on. Thefoltth discusses the distribution of authority wi~:., tI_';la~r organizations, particularly the powel's of union executives ··and the checks to which they are subject. Thefinal, section COVf~.rS thefrequency of conventions, conduct of elections, tenure of office, .: ... financial reports, and _menibet participation 'in the determination. ~ ..

of policy. The recommendations both for action by triPe unions,

aad jn thefieldof legislatio# conclude the s.tu~ .,. r>: '.. .

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'., . . themateri~ in,th~ s~dris baJe? ~ pait on hearings conc:iw.-ted , by the' Commttt~ on Trade Union Democracy, £rom1941 to

,1943, at wbith·tradeunion officials, public officials and employers! representatives, were asked to e~ress tfieii views, The task of collecting and writing, up the fa~i1 material' was done under the direction of Frank C. Pierson, Assistant, Professor 6£ Economics at Swarthmore' COllege, with the assistance of Milton Derber, Marjorie Galenson and Leon Rosen --r' all volunteers. Special

" ~ks " are due Norman . and members of the 'Legal .

. U Law School fortheir 'help,

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The members of the Trade Union Dem~c~aq ~

who participated ',in the inquiries and in _framing

Its recommendations' C. Lindeman, 'chairman;

Lucille B. Miln~r, M; - Bingham, Prot· Paul.~'

. Bri Dorothy Bromley, prof .. George S; Counts,

'V~mK)flCl··K •. Fraenkel, alter Frank, Nathan Greene, Arthur GarHays, Prof. Kar N. ,tleweUyn,~d Norman Thomas.'

,Roger Baldwin assisted' Committee's ~quiry, and. has edited .

this' report. '" • ,

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I. RESTRICTIONS ON 'ADMISSION-

q TO TRADE UNIONS-

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MORE THAN 13,000,000 jobs in the United States-over a third,

J of those su,plect to unionization-c-are covered by collective - ,

.bargaining agreements. -For about 6,000,000 of ~ese jobs, union . ~ membership is a-condition of employment. In many industries few

, 'jobs are open to the non-Unionist or to the worker unwilling or un-

, "able to join a union. These industries include economic key-points :like coal mining, garril~nt manufacture, commercial building, oves- '

the-road ' trucking,' printing and publishing, -shipping 'and long- . , +-shore work, The number of industries in which unionism Js. firrnl y - established has mcreased so greatly in, the past decade,

" that union membership is already a' vital. pre-requisite for obtain ..

ing or holding ajob. '_' .

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, l'yIediattics,of A~ission

~G ENEItALLY, union m~m_bership is readily av~a~leto ~ ,:or~.~

. ers employed or likely to be employed within the jurisdic- ,

tion of' giv~n, unions, ~ Categories and types of workers, eligible to membership are definedin the union's co~..stitv'tion. A,S a rule, admission' of members ,is administered by local unions. ''{hese ',' usually, but - not always, conform to' the policy of the naH6rial

bodies. _ ' ')0 - "'. '

Applicants' for me~bership' must normally. be approved by a '~"", me~per~hip . Of examining committee, Frequentlf~ere is, ~lso , '" >' '" .a vote ot -the local members .at a regular membership. meetirtg... ,', , .. , '_':_ _ These invariably accept the committee's recommendations. _ Where "', ., .' e the . local union is dominated by a business .agent, his decision is ..' .....•..... , __frequently final. In a few unions,' such as t!te. Typographers and ''',,' , the' Newspaper Guild" rejected candidates may appeal: under- the -."_' . ,constitution to ~ the N a~onaJ,.jExecutive Board. This privilege, how-,

ever; is rarely exercised. ' .' ' ,:.'

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The initi~~ion £~ wliichapplicanrs are g~ne~allyrequiled·tc'p~y." ' 'is rarely' high' enough to be an obstacle to membership. Install':- ',.-: .',

. ' me~t payments are usually allowed. A few ~xceptions are ~~ ;1. ,

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~l88ttiction8 on' Union M~~8hip., '

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Wm.L~. UNIONS .ar~ g~n~r~ly. oren' 'to'~l ~pplic~ts ,employed

: within the union s Junsdkt~~, there are two slgnificant::ex- f2I} ceptions. There are unions whi~discrimZnate against applicants " . because of their race, religion" political affiliation, mition~~Qrigin,

. ~ , : '. s~x, or other personal characteristics; and there' are wUons which

-. restrics the, number of their full-fledged : members , either by out-

" ,right exclusion of all or most applicants, or by admitting theb1

only on a limited membershipbasis. ,", ','; _., :':, ,

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Despite some notable -exceptioas, the -trade .Jlhion movement" <> : . has traditionally opposed distrimination against individuals or ' -;

'" groups. The A:F, of L. is on record again~t race .discriraination, ', J ,',

:: " though many 'of its constituent autonomous unions practice it;,' \ andthe CIO has 'made the fight against discrimination because . ,of 'race; _ color, sex or' creed a major plank in its program. But, unions are composed of rank and file A:q.1erkahs whose prejudices

are inevitab&, reflected in union policy and ~ractic!, - ' ... >,

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DruOR TO,~ the New Deal, feW Negro workers were members ".

~'--\of tradeiunions., The Negroes were reluctant to join the labor I m~fement; many were imported frO'~ the South as. strikebreakers ' '" On N.orthern jobs; and' it .was the long-standing ~policy of anum, berjof skilled "craft unions, which then dominated organized labor,

t~ ~x~deO"Neg,roes£rom meIJib~r~hifr' '~.

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~_"'1'h~' past decade has witnessed a .marked improvement in the v

'. N~gro'spositionin $h~ trade, Uni~nS'. To some extent,disairir •.

irltti9n has been reduced in tbbse :seCtprs where -it has,longilour~ :. ' i9~d. But chiefly tIle Improvement has resulted ftom the ~aor .. I, '~_:_'Jlinary'giQwth of uniops ~ong u~kj.lled and semi-skilled wor~ers;, ,

~,' , e~pecia1l~ in,. the mass, prQAuction, c ~~ust~~ where manr Negroes. ,', : .

. ,~' arf employed. ~,~ .': ',: " '. .",'

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, r ~uch of the .aredit(or this belongs to the 00 ~itb its. policy~ ,..', dE organiz~g into one uriion" all ~\Vag~ workers 'employed itt a, :','" ,plant.' Siri~~ fits fotma?o~ ~'1935, the'CIO has fellowed aposi>; , '

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Negro ~ ~kers

I~:'; " rive . pro~.-n;~f. Unp;ovlng' " the~~o;';~Otke~;s~'~;atit;J~1~J)1~Ir:~

I~~-~~~'-:- ' .. " 'ons~' ther~y within industrY,- not wIthout 'op~sit~pr(~~ol~F'~:<:;;~;'-:-",:~

f~" oj; , • s e union members. . - ,,~ ,,:' .: ,," _." "C',; , :-~~~

r'~ '.' .' '. _ ~' - ". .... ", \';'~

~!:_,~':' .. ' . . . om its inceptio.~ ~n 1~86, th~.A.~. of L. also has-had ~.a~oWe~· ,-".;:<- .:::~

i~:··.~ - policy of no discrimination against Negroes. Many of ,Its- affill:" -.:. - - 'i\- {!f~

I.~f. -. . ate~th~ ~arme1)t ~~o~kers, th~ l~ngshor~meh~ the t~~stetS~~~, _ -::-:,~.:;- :-:~j ~~~\': _ hod-carriers; the building .service workers-have actively enco~~ .. ; ,:~: ', ;:":;~~

l'"ag:iliurile ~rkganthizatciolnO' of. Negrbe· o. wo£r~A.erFs., f L" "nal'.,. :_:'"~;~

ij/~ .,"_ -' '. . ut. 1 e e , a num , r 0 ... 0 .• ~atiO ~O~S,~.~ - .:. -: \:)1

I~'<':- .'. .: Including some of the most Important;' have- indulged 111 ,dis~ . .-; .j~;

~tt.· - criminatory practices, Inlarge part, unions. gujlty of -discrimina-. >::~:~:;:~

J" tlon ~~ oldline -craft-co~scious~r~~~tionsc?Dcerned less,with:01,~~

~~~; -, ' .. organ1Zlflg the 'unorganized than with ,ltDprovmg and s.af~~r~!: - .---:,;~

~~:::.. '.--". '. ~g hi~~.emplo~ment stand.ar~s fOE limite~ .member~hip,. pthet~, ,',~ :~~(~~ '~>:-' . _., like the Inte,mation~ Assodanon of Ma~ts (wh~~ WJth~ew" ':":: • ~}~ ~'>'. '.' from the ·,A.F. of L. 111 1943)- are aggressive, _ expanding organia ..... ,_.:.:.;_-, .~~~

~L'::.'- '._ ,tio~s ~able to eliminate a long-entrenched anti-Negro: ~~,despi~e:f:.-:\:.·:., -,;r~

~).,~- ._ong internal ef1orts. . .~. <:', ' ", • _" .. :' .i~~

~?-.:. . _ . ' ~.' . - '. . . . ·;:.-'····::··,··_~t:.:~~_····;·~1

~1;_,' . Methods of ~§;crimination vary.Fifteen unions eXclude.Negr~~-:·~'·.,:r~-.>{.~

~;;" . by explicit constitutional provi~n ~~ by ritual. These.incl,,~~., :;·:,1

~1(,' . : some of the most powerful unions In the country, su~lr:u.. ~~;'."\:- ,:,?,~

~~.:,.~ :' . ~sts, the ~ailroa~ Telegraphers, ,the R~way. Mail A~s~q~~ . N.':::,~:.;-~;.~

~~/ ~ .·tion.·and'the Switchmen, the Commercial Telegraphef$--all·~.F~.,: ~_::.'<.:_::;[,~

It/_' . '_>' o~. L. affil~tes; and .. ~e fo~. inderendeht ~~roac;l. bro~e(qoP~.f:·l:'.:-~: t.~:;~rf i~; i/>, \ -FIve A..F •. of L. affiliates, Il\ostly m th~ building t~~d~·.p~ye;,ti~: .:,:<:,,:,:~~~ ¥!§.',,;:~:. ~. . rules barring Negroes from membership, but locals exclude. them ':::( .. F/,X~ ~~;< .:. . ,:.' by tacit consent .. These. are 'tpe Plumbers and: Ste~.~e~s,~, tlt.~.y:., .·X:;~~i~

~j:~:'''.:'''' . Ele~qical WQrk~rs,the_.:Asbest~ ·.Worke~s,. the FI~t ~l_3:$s.:'~~~~~~;~R~e~~Y;1 \;!:~~~. ,~rs. and: the 9ra.ru.te ;Worker~: Se~n A.F. of.~~ ~4t two 1A:d~p~~~~t ::,:.,L~~~tt~ ~~~>, . un~o,ns :c~rifine N~groes t? J~ C~w '~a~arle~ t'w~ere ~~"]'~r ··.:·_':~i~:~··· ~): :" ~ dues b1;lt·are· dented a voice In uni6 .~~s an.d oppo.ctunities for, '.':<:~;:'::;:~~~

~fA:''''. . - . advaacement.Jn the trade. These ude the Boilermakers and." >:.':;;~

~~l;; ,;:. . S'·h·· b il· d - th M' .~. f'" Em 1 . .: . ,- 'th R' ail' .• ':"'(.,:. :~.~,~~~~

~~~:; .. ~;,~. _ ', Ip U ersi ~". aintenance "0... Y .ployees, '. e - .. '.' ~~::,;> .. ~:~:;::;~~

~~i~~:> ,,~ Carmen, r·the,. tw,Iway. ~leJ~s, . the Bl . ksnuths!' . the,: S~~-·M~t~~-:· ~~;.·:;~:~·t~ t~~f:P;~ '. '. Wor~~r~, the Ee~~rat:ion of. R~al .Lett r, Catrter~, ·th~ ~~~tl~':·'.;--:L~;;{~~ ~~~~~~<.', .. ;: .Fede~~~~?n 'of. RaiJroad W~rke~s and. . . ll~al. L:e.~e~ . ~ar~~~~~~· .. ;';~.·:,=:i..i~11

-. '.~"'_ .. ~~ 'A"S$OCUltion. . . '. ' ". ..~ ,.""":',. .. ,.,.'{~: \.;1 ,

,i1;;,/:\·,?>' ._: ': . '., ';' _', ·_'.,:,}:t;';:f0i;l:

'"iK,',,'rll'>nT "lOCals of: the ',M~dtinist~ave 'adtrtitte'~ Ne~r~e~ ,w4;r'

.. wattittie pressure, but the clause excl!lding' Negroes from mem: " , ~ betship remains in the uniori' s .ritual" and this union c_ontinues to head theIist of twenty-nine labor, organizations clearly discrimi".>_ :nating against Negroes.

, . - .

'. . Discrimination against Negroes has been especially widespread' · ': .. ,_,in 'the railroad industry. This is so among the independent Rail' .•. road Brotherhoods 'representing the operating crafts: the engineers, firemen, conductors and trainmen; and among theA.F~ ofL •. J1l1ions representing the shop .crafts: the telegraphers, the clerks ,. and miscellaneous workers. Only a few unions like the.Mainte- . ' '. nanceof Way Employees which have a huge Negro m~bership.. ',':~ .do -, not 'drawthe color line e . Membership in the Railroad Brother- ,. l, . ;hdods _,is limited to white workers by constitutionaJ..prpvision. AS .,':.

': \;~"result, .. a number of all-Negro or preaominantlyNegt()' organ·,

· ~ . iiations have sprung up, but only a few like the Sleeping C~"

~ ... , ···Porters· andRedcap unions, have any teal strength. aut th.irt~ '~r:\-' " r¥l~~ad . arid six .railway shop uniOll$_,S9~tinue to discriminate

t :;'';,'''., agamst Negroes. " '

.::;:: \-. ' Aliena

:" ~~A~~;~~<~;- -~. ~~ _" ~ - (J • • _ ~ _ • ,_

~G'~b' ~ ·T.flB ,ORGANIZBD labor movement was largely the prodtict "of" ,~, !. ~~K~ ··,r .. 'Unmigt~t workers; nevertheless American unioesgenerally. :!t~;~~:)·. ;'ba:ve ,op'posed the immigration ~ of foreign-born workmen .since'the,: .... c'·¥~~c:;.~,·:mia~leOfthe 19th century, In large measure thisopposition-haS:'-" ! ;@j .. $~~ from twofears: use of the ~grant'asa: stt~br~et' ~'~~i:~':!:,~d:~;'Qv~t-suppl~ ,q£ ~ot~ers. The longstanding ~ntagonisDl~'''f;;c~' c" ~,:;~:::.'V, }he-A;F. 'Of L. to immigration has been .reflectedin the practice .

· ()f~~y unions to bar aliens from membership. Three, national: ,

. · .. ·unioAS.requiie Jpll citizenship or~~igibi1ity·tofull citizenshipo£.. .. '

',: " all ap~li~ants; twetlty.~o require fust papers. Four unio~s charge : ,,' '.:' aliens .. higher initiation fees than citizen'S; in at least two the .. ,.~mount). beiris,Prohibitive.

, t ..

Women 'Workers

• . J

.. T" . HE p~ssuRs of war P1'9d~ctionandthetremendo~'needfot 8 '~.-'. ~ .. '. :~on)~n·in industry~bas'.tecetitlYfocus~cJ., attention an the ~act .:' .. ' •

. . ';~,tb~t ft···· . of tradeunionshave long. excluded women ft.gm ;"

. . In 1,9-24· only.~ about ~'O,OOO·' Women W~re. 'traact~~·

.- .J '.' _ • _.._ , .~ ~~.>.:~.' .

. • <, '\ '.' ...'., ".

. union members; in 1937 about 500,000. But by 1942 thenumber hadrisen to 3,500,000, owing to three factorsithe general expansion of trade union organization, the increased number of

: women in industry, the breakdown of union opposition to women members. The organization of the mass production industries during the New Deal period revealed that women could be organized successfully on a large scale;' The industrial unions admitted' ,

women with men and made equal pay for equal work an important .,

.. objective. The war has dealt union discrimination against women _

an additional blow. The United Mine Workers union-among

. others, has finally removed its constitutional provision excluding

women from membership. -,

But more than 25 national unions still exclude women. About half of these are in the railroad industry, and the-rest chiefly in

skilled 'crafts where women are rarely employed. . .

Political Beliefs

~ , • '-f...

IN ADDmON to. Negroes, women and aliens, trade unions occa- '.

, sionally exclude applicants on other grounds. Religious' dis-" .: \ crimination exists in some unions, but is usually the result of in ..

Il' 'dividual prejudice and only rarely trade union policy. A few JIl\i~ns.·. keep out workers for. their political' beliefs or for belonging' to' allegedly anti-union organizations. The' United Mine'WorkerS'," ./ exclude Communists, Ku-Klux-Klan adherents and membetsof· . ' the National Civic Federation and the Chamber of Comrller~; ... ,

. theUnired .Rubber Workers exclu~ Communists,' Nazis~and'·\:;' .

Fascists; the Brotherhood of Teamsters; the Maintenance. of Way ;. ';.' •. ' Employees and the Bridge, Structural andOm~pt_allroQ--W-6tk;;,-;-::>~ •.... ' ersexclude Communists. Soq:l~~ofefeCt IWw'memDet$' . ;"; ~a relic of an old rivalry.r;rnese clauses arerarelyput into pra~ .":. ':. effect. . . , '. .' . ", ..... '.

On the other hand, few' unions tolerate dual unionism or' ac-

cept. members who belong ~t~ 'rival labor organizations. "

I ,~ V

. Th~. Civll Liberties l"'rO'QIGn.,

~ .' . . \

, ........______.'.

ADMITrANCB .~ .~O? .membership is a.. ''}.~tties J)r(lJDlem

_. . where earnmg. a ltvmg depends on umon .m. ~m.Detsru1~t

'16

: ~.'~ ~~he.re ,uni~n. Qrganizapon'~, to a luge extent, under govern. ~ent protection and encouragement. Under these circumstances, .' . ~n. policies and practices restricting membership are a depriva~. . . tion of civil liberties except' as they are .designed topteserve the . . basic structure and existence of the union.

,

• Rejection of applicants on the grounds of race, color, sex, citizenship, religion or political beliefs clearly raises civil liberties issues , appropriate for legislation (see page 79),.-

. The Fight Against Discrimination

TRADE UNION discrimination against Negroes has been aggres- . ·1 'sively fought both within the labor movement and from the outside. A. Philip Randolph, president of the Sleeping Car Porters Union, has raised the issue time and again at A.F. of L. conventions. '.' The National Urban teague, the National Association for the '.

Advancement of Colored People. and other inter-racial organlea ..

) tions have protested with increasing vigor. Many progressive labor . leaders have fought against discrimination within their own unions

.' . . and. within the labor movement in general. As a result of this per-

~. sistent~ht, at least three nationalunions--the Commercial Tele- . .: .. graphers, the Masters, Mates and Pilots and Railroad Yard.

A ,c Masters-hav~ removed discriminatory dausesfrom their consti-

.: tutions duringthe Thirties. . . '-. . ' ",

- ~~ '" \--

, ..

_. ..' !The war has' further reduced, discrimination, not only against, A., ..

;,~' > Negroes but alsoa.g~Aliens, women and other working groups. , '~ .. ' , ;.;~- =: '. -ihe1mli.rlfattor here; has been the eno~ous need forr manpower' .', . ina industry. Once Negroes, women' and friendly aliens gain a .': / foothold in an industry, unionsmust either admit them tomem- . _ .. -. ',>. bership or suffer their competition 'on a non-union basis •.

" .' " .. ,.. '.". ~":"_

, .' .. Another factor against discrimination arising from.' thewar · '.: ;)

":','. .: . need, for maximum power is the Committee on Fair Employment'

.;:'\~' -Practice. This was originally formed as' an independent ~gency ;~",' ,·byPresidentyu order in June, 1911; subsequently it was placed I: ,~~d~rthe .War Manpower Coqunission, but aft~ ·und~rgQing .. >,::;%~;~vere .criticism for failing' to act in-the railroad industry, ~t.w.as ...•. ,;"~~~ganhed.· as an inde~<ient a8~ .agaiq ~i~_new· per~Q11et"

> ';V .,..' ", l7 " ' ~,. ,;!::}:;

The committee's function is to investigate andeliminate employ;. , ment practices hindering the war effort. It has Jleld ,bearings' m many cities and has gathered a great deal of evidence on discrimination by employers and unions. Most of its orders to, eliminate " discriminationhave been directed against employers; but a few unlons have also been told to alter their practices. The committee's 0ie~ service has been in publicizing discriminatory practices.

\.

r. Thi\N ational War Labor, Board has also exerciSed a powerful,"

infitlen~ against discrimination. In several notable decisions, 'it 'has established the doctrine of equal pay for equal work, regardless;

." 'ot'sex or tfce. '.

Five states have passed la'ws' to co~ v.;ith union discrimina- .

, rion because.of race, creed or color. The New York statute, makes union 'denial of membership on these grounds amisde-. meaner, but it has not been enforced" The state labor relations acts-in Pennsylvania and Wisconsin invalidate closed shop contracts where unions practice discrimination; but these, too, ate weak. Appeal to the courts has turned out to be useless because the courts have held that union membership is a, privilege not a right. In the absence of appropriate laws, no right exists which . can be protected or enforced. "

" .,

'.~'

·n. THE· CLOSED' UNION

IN ADDm~l\l to unions which dis~imjna~e against applicants On

. grounds of race, color,' sex or political beliefs, there are those which limit the number of full-fledged members and make it difficult foroutsiders to join or gain full membership rights, Thes$

are called "closed unions," ~. .

Unions of this type constitute a.small minority in the labor move- . '\ ment. Except in periods ofslack employment, they are. normally

. . confined to the building trades; themotion picture and. theatrical . . ' field, a few of the 'service trades like the hqiiding services •.. some 'of the distributive' trades like- food delivery, some branches of printing; like photo-engraving and lithography; and a number ef miscellaneous small-scale' industries ranging from liquor ware':'

, I" housing .to bill posting and diamond cutting, .

. , ',. ,

When 'the demand for labor declines, the dosed union becomes more widespread: It then appears in industries from whicH' it.is normally absent: the garment trades, mining, railways,' .

..

,1 . ..

. ".' ;:'. Two' se~s of factors hare l~ted tlle gro,,:th of ~l~~ uni'on~..:.·',~·

? ':ll,tefirst involves the Opposition of the national unions. These'." .•. <. . prefer mere members, more dues, more strength. They ate also .,~' '" ' -, ' . · __ awU,e.?f the dangers in closed unions; they realize' tharthe re .. · ' .» ' .' .• ~

.... ' .. 'jecdon of many applicants 'opens the way to strikebrealcing on the· ,',

. '. ' one hand and dual unionismon the. other. . .

::, .<,' Tbe;second set of factors are technical and involve the nature. .'~,'

. . and control of the job market. Closed unions cannot survive un; .~ " less they fully control a job market. Only through such control ,:~.'. " '7:-"~ they' prevent non-members from underbidding their wages;; . ', . . and undermining their standards. Without suCh control, union ...

-employerscan be, destroyed by the competition of unor~~. "',

;:'" ;1_0 control the job market in-a single, p~antor e~*~J~ty.;7· .

> •• <:~a,~on normally requires the clo~d or'.'union. sh~p. ~lsa1~~C!':,· ,,:;: .'i·~an HlSur~ that . all employees are union members or becOme.U!Uon, ~.'''''''''_''i:7 within .a gi\'enlJrnei It) addition to the dosed ,sh~p~' e~~; ,

. ','

'19,

. " ...

, \

ficient operation of a closed union also requires control of hiring.

It is easier for a union to bar new employees from full membership when it is itself the employment agency than when' the

, _ employer ~s his . .,own employees in the open market.

\ .' " ,

But even when a closed union has a closed shop contract with particular employers and controls. the hiring in these firms, its power may soon dwindle. Workers deprived under these circum-

" stances of job opportunities may offer their services to other employers at much lower rates. Firms unable to operate inthe locality because of the closed unions restrictions may move to regions outside the union) s.controland compete successfully with the unionized firms. Under such circumstansesreven closed unions with closed shop contracts may be obliged to revise 'theirme-mh~r-.

ship policy or else lose all tH~ir strength. . ,r ' -_

.

Where the local union is confined to 'a single establishment

and the regular employee considers himself attached to the plant, the size of the union must be geared to' the employment requirements of the plant, and it is not easy for the union to restrict ' ?lembership below this le~el. To have the pl~t 'regularly manned' ,

ill part by full-fledged union members ana m part by others not , admitted to full membership would be disastrous in the long run ' to production, employee relations and union organization.

On: the' other hand, opportunities for a union te limit its regular membership are great where the union is city-Wide or has its'mem-

bership distributed among a large number of employees, as is' common among crafts and among fimall unit industries} and;'. . where the workers frequently~move/fr6m one employer toanother,-, c; as is the practice in the construction industry. Under these circum-." " " stances tile power to, restrict membership is enhanced because the,

union controls the allocation and assignment of jobs, the employees".· lack a sense of job ownership, and th~ union can distribute avail- ' ' able work amOl}g a smaller membershlp than would- be necessary

, if eachshop had i~s own supply of unionlabor. That closed unions • '

will increase in number as unions become stronger .and are given

more control over job markets seems likely.

, ,

,,'

v..

. --r-

,;-

ao~ed unions exist for various reasons. Sometimes mc::mt>er·o\·

'._, ''''''''-_

,.,_,...,;1'"

, "20

ship rolls are closed when there are many more men than jobs. This may be due to economic depression, technological change, )r. declining demand for an industry's product. During the crisis of the Thirties it was virtually impossible for applicants to

. enter therailroad unions, the garmen~ trade locals, the printing unions. This was also true wherever theunion was strong enough to preserve existing jobs for its members: Similarly; in the Twenties the spread'of automatic press-feeding machinery led the press assistants union in New York to reject all new applicants tor membership. When the machine' replaces skill, some unions fight the Dew trend by closing their ranks to unskilled machine work-

ers. Such efforts, however, usually end.in failure. ''l

.. .._s_____ . ,

. , The closed union also exists in industries where the demand for

__ labor fluctuates violently' from day to day. Failure of other means'

-- .. ---ro-~~ casual ~mploymentamo?g l~ngshor~m~n on the' Pacific COa;st has-led.the longshoremen S ,uruon to limit member- 9ship to thesizeof the wO~rnallt needed. During rush . peri~~~l_tM.--lorfgshoremen call upon otherunionstosupply tem_.=~r.a!y workers. Similar co~ditions have led to the rise of closed .. --:. unions in the~l1iidingtrades,and motion Bicture industry. ; .

There are also unions-in the buildings trades, printing, photo. engraving,. dock checkers in New York, theatrical crafts and glab~which restrict tKeir size in order to increase member- ' 'ship benefits to each card-holder .

. ' '" .. --. ,

.{

Annal major reason for the closed union is the desire, of .certain labor leaders to exploit ~ monopoly situation to their- '. bwn financial and social benefit. Sometimes racketeers "muscle" . into control from the outside. More often, local labor bossism is

at the root: Local 3'of the Electrical Workersitl New York was

in this category for many years; ~,~eil as certain motion picture

. ~perators' locals in several metrop6~ areas. But apartfrom . i few big cities likeNew York and Chieago. this form of dosed

. union has not flourished.

How,UniCU8,Are.C~ iT '.

, \\

U~~ONS M~~ be. c~o.s~ by outright refusal to ~Pt n~~ , .-

ben, by high imnanon fees and by the permit system. ;,

.

, . , ..

21

The simplest, most common methodof restricting membership " is to dose-the union rolls and refuse "cards to ~e\Y applidtnts.~" Occasionally, at the discretion of the business agent or-executive board, a friend or relativ~ ~ay be admitted-by way?f exception,

In skilled crafts, joining the union is often regulated by",st[!~ aptitude tests, while entrance into the trade is controlled by'~""""""", entrance regulations. In a few cases, like the Chicago motion,

, picture operating field, the union has been responsible for a, law requiring all who want to be opera~ors to be licensed by the city before entering 'the trade. The examining board llsually ,"

incl~.des one or more union represen~ativ~~.' ' . ., ,

-.j;-r .. (Ok .

, Often membership is restricted, by the ~nstitutlon or by tacit agreement, to sons or close relatives of members. Applicaats .

have also been kept out by excessive initiation fees. Aga41, 'some . unions allow men to work by special permit without becoming members, or. by admitt~{ employees .into the-union 'withgrade

B or nOl'}-votmg status. " "

It i~ not un~on.Jor a.closed union to use ~ combination of

these methods, ". , . . , ,

Regulating Apprenticeship "

IT' MUST '~ kept in mind that these methods iQ themselvesare '

not signs of a dosed union. Unions with ~ voice in ,reguill.ting. ' apprenticeship, for 'example, are .often accused of being respon· " sible for theshortage of apprentices in various skilled trades. Yet: " it has been demonstrated againand again that employ~r,~ ~~!e,.., not indentured as many apprentices-as, union rules, permit. .' ~ .. '~,

. -",. 1

- .....

'.i'

".,_ ..

'_"

~. ~"h

" High Initiat~~ Fees,

SlldIl.~Y. hig!} iniHatio:n -fees are no(/~ecessarilyV proof thal' , the union is dosed. ,"'~y, closed unions have moderate iBiti- ,~, ation fees while some 'open unions .have flUely hiBb fees. 'The , ."< $50 to $100 fee co1nthon in the building' trades has a 'double.pur- v}' ' pose: to, discourage the influx of ' 'casual or,.migrant, workers,~d " , ' ,;, to itlqe~e, the local union treasury.", '. " 0'"

~ 22

. ", ..... ,.-,-

",._ ',

.. , . Yet,o~ the' admission of union ~fficUils,tber~ 'are£~$ design~d:"

. to .1ilpituiUon membership. The-New Yoekcheckers-Iccal.of" the Longshoremen's union charges ~ $500 fee in advance; the l1otic>nPictuieOperators locals of New York, Chicago and other, cities have levied fees rangitfg from $300 to $1000. Local., Photographers of the Motion Picture Industry, .affiliated with H. t13.t~:-~ International' Association. _ of theatrical, Stage Employees, bl$

. """"""" required $500 on application and $500 on a~iSSiOft.. Otb~r.

~ ~ ]~.s with initiation ~es- from $200 to $500 hay been the Ele-

-. .• ·0 vator'·6op.struqors, the CementMasons, the Mo . on Picture Stu.. .

'] . . dio Mech~i(S., The Bill Posters and. Billers "of. America, ,and thev.. '" '1-> .. Carpet and Linoleu.rp. LayerS:-:-aIl in New York City; the. glaziers,' _. . in Cincinnati; the Electr~l Workers in Perth. Amboy and Cleve- , "

. land; and the Chicago Flat lanitors. • . . .. 4 , •

I . .

\

P~it Cards

1-

. 1" ,

, SOME UNIONS issue "permit" ot ,"privilege" cards to non-me~bers

.v for a weekly fee of one or more dollars which allows 'them ' .

. to work with union members; This system exists in trades :where . 'thP. hlhor demand fluctuates considerably; -jt enables the'. union",:' to assureas much steady work as poSsiblt for its regular member's~'·::

. • .' I, t r • \ •

, .

" The permit system has been prevalent in the building trades, ';, notably among electricians and carpenters. The national unions; ~ .. .' however, have strongly resisted this system because of pOten#~l' ,abuses and the dangerof disgrunt1e<!...£_ermit men b&oming strike;. ~."~.' .

.• breakers .. This. opposition has effect~very- curbed the growth ~f ~" .

.: the, permit system. r _

~ .

'., - -.' -.' . . __..-: . ', ".

. -; Permit cards w-ere used, however, ia. the 1940-41 construction. ~ of army camps. They ate still. employed to someextent 1n.~e· builQ1ng and- metal trades, truCldng, v8.~ious smallmiscellaneous '. ; " ,se~ices and specialized manufacturing lestab~ishments in metro- . ._~, ',' ~litan.ateas. Theyalso e~titt a ~ew'lat;ge~u-facturing indus-

_ trieswith seasonal peaks hkebr.ewmg.,. .~ ,'_' - - .. - :,

. ., ....... ..' .

• T~epe~lnit $Yst~rp'se~es a' 'legitimate function when it ~ableS~ '. 'unions to regularize employment for their members; but. i~also,,~/'!_;, .. en,abl:s closed unions to :capital~~~.on, their' economtc m(mopOlyi:~\a(·

~~~- .....

. ..' ~~ --<:2~'-

~- .. ~. T .,-, , »::

.c ~

FEW CLOSED unions function -on an ope~ shop basis. Asa rule

A , they become complete monopolies; thereby-the excluded appli-

cant is deprived of' the opportunity' to earn a living in the !pecific job market. The closed union under _ a' closed shop poses a civil' :I liberties problem of the right to work, but in some 'cases the test . -,

) o,f_ PUblic,welfar -. f i~ n_ ot.ea~y to __ e~alua~e. und_ er peacetir?e_ ~ondi-,' _.

tions, unions I may jeopardize their existence and the livelihood

: ..... ! of their members by admitting all jobless applicants regardless of·

conditions in the job market and chances for empleyment.

, _'. p _, i":'>'

But where the reason for the closed union is to; enrich the union ,treasury, to maintain minority control," to benefit a ,few at the 'Q , ~pense of the many, too Pfr~mote racketeering or toibdeprive al- -.1 .:'j ,ready employedworkers 0 _ their jobs, a clear civil li erties issue

is involved. " .

, Like the highInitiation fee,' it serves to 'enrich the union treasury; _ In a few notorious cases (the Chicago motion picture operators from 1925 to 1935) permit men who paid very substantial fees

held more jobs than regular union members. "~

"Civil Liberties IsSues

,

'_

. Some Remedies

, A TIEMPT~ to reme~y or forestall d~seg union ab~se~. have been

few. Some employers have agreed to.the closed or" preferential shop only upon inclusion within the contract ofa.guarantee

. bythe union it will not exclude, .aew applicants.Xontracts of, the '_" Amalgamated Clothing Workers in Chicago and Milwaukee provide for the ope~ un,ion and reason abl e' dues and.initiati'?o fees .. The New York silk industry agreement from' April 19~O to June. 1923 conferred upon the impartial chairman or ,abiter, a~ority "

, to alter amounts. an? dates o_f pay merit of ;nitiaFmrt fees, ~~. : < ments and penalties if they appeared burdensome. In 1924, Eqwty , 4greed with the Managers Protective Association for a 25 year

period to' keep the union open and not to raise the initiatIon fee' . '.

k without the managers' consent; , < " .,' • .' f:-::,

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- ,- But this method of eliminating abuses is" usually ., fueffeCti~~.·· _

oj ,.. .. ' • ,. f .

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.' Either the, closed union taking advantage of its monopoly is too, ,,~.

strong for the employer to compel an EquitY type of provision

in the contract, or it works hand ~ hand with the employer who

cares little fot-tr.ade ll.q.i~n democr/cy. ,. '.

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Certain national unions have taken steps- ag~st closed unionabuses by locals. The painters, the "lathers, the printing pressmen . and the musicians have employed constitutional amendments. o~,., 'f _ ~llationa1 ~ executive board action forbidding locals' to, exclude ·'tt.avelers,"-union members from other cities, Some nati<?P.al . . unions Iimit-thelocal initiation fees .. 'Others, like the Intemati6nal· 'Un1on~f Operating Engineers, forbid the permit'system .

..

. "But ~ationai, unions have not met the' closed union problem ... effectively~ For administrative ~ reasons, admission to 'member- ;*' shi.e ~Us.t be-l'eft to ~e ,locals. ~ejected applicao~ ~e. not likely , to appeal to the national.executive board; as a rip.e ther do. !lot : ..

. know that such ~ppeab areconsidered. j3esides, time, distance and~'fJ expense are involved-in such appeals. Asa result, th~, national.is':':':

~t~n. unaware of, the·exis.~ 'abuses. ," ""'.:'

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'.In~me cases.. national leadership:' does nQ.t, interfe~ .. with~e:. ,loal· ·for .persolJ&l~rpolitica.l ,reasons; in others, ~,th~naqo~~ z. ,f :body:.i$ riot~SqOl.lg enough to disciplhle thelocal, ~~il if)t'w~~~:. ~-'~·to. Nol:o'rious closedunioa.abuses by Local 3 of the Bt<lther9~<l ......

-of Blectncal .~ orkers and the ~otion Picture Operators Ubio~,; ."'J

. in New York' and Chicago duringfbe Twenties and ,mU(:h 6£ the,:.,.-, '

, ,Tbirti~s."Wer~ .halted or reduced onlyafter years of ~urtappeals,.:'" .aroused public opinion and internal local. coqflict~ Local 3, stiU: •.

< . maintains a subordinate status for the bulk-of itsmembers. Only . ,

~ minority groUp-the 'electriciads-have a voice in ''the election ! of 'officers and the appointmeat.of business)getltsfor~the' ehl#e'

local. " .', ." . ,"'. '. '. .'. .,:'-."

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~ourt DecisionS

I •

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." ,,' '. -

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,,:.' .. S· ? j:~, ~,?,ur~$ ha~e pl:,yed a negli.~~bl~ ~ole .. in theclosed ~;(', ',' . umon ~estion.< As zn other ~es of diScrmunation~ tile. courts: . ,) :,' ,~~ally' rule that until a Worker is a~~ed to unionmembersbjpi"

;'~.t1O'right:'exists W'~ch·they.can prqte£t and en(o~~as .o~as;

.. -~;.f-'!" ;:' ~. -! . '.. y .. _. .~ ;; .. ::- • - , • ~', .: .. ~. • •

2~S . ~,~. - .~'" ~ ..

.: .oz, • .,',

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There are' at least' three court decisions, however, based on 3., more realistic approach. In 1935, a New Jersey court ruled in the case of -aunion which, contrary to its by-laws, admitted various people as junior; or 'Grade B members and denied them. the right

, to vote. The court ordered the union to give them full membership rights.' In two other cases, the courts ruled that if a union has a _ " closed shop contract covering an entire .industry, it cannot refuse -.

, 1 membership to qualified applicants. already working in tIie industry " on the ground that it has enough members to ,fill all positions and wishes to help itsunemployed.

nosta'tu~e isapplicable, Membership in a Union' Isheld to 'be not ~ ,'~" , '"

t (;;. • _,. ~

a tight but a privilege. '. . 'I' t

/,

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'_ (!

Any solution for dosed. union abuses must achieve four main . results: ( 1) Admission to full membership of all qualified =. ployees after 8: probation period of, at most, thirty to ninety days service, 'rejections to be made only, for valid: personal , reasons;

this would fit ~ with the common ~pptract proyi~ion {ot~:a".p~oba>" c, • tionary period, for new employees'< during which--llie: employ~' I may cfisdi~rgethe newcomer, without appeal by the union; .(2)' '. Iirnitation of the permit system to temporary employees, h~9 ~of .. ~ . :

Iess.than thirty to ninety days; (3) elimin~tion 9£ hlghin.it.iat.:io~J*~~ f~e$~~ reduction of permit card fees to a reasonable level;·,(4)..,'.:,.,

.,ad!jUttance of all qualified. applicants in accold~e·w.ith:theC6tv:,;:i.:'~) '~~il~of th~)~ market. , ',,' . .' .... J;":<

_l,.

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'>~~. ~:DIst.IPurA~Y . ACtt()N

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f'8Y TRADE UNIONS'

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; The Ci~i1 Liberties Issue

.....

s.

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'. PROB:J.EMS involving. civil rights become,' very acute at those'

, • ". #'. points where the trade union seeks to discipline individual mem-

bers, officers, minority groups or local affiliates. ~ '... , ',' '

, .~

.~ ,. . _,..

Disciplinaryactions-vary, +They range all the 'Vay (rom a mete.::: . threat to impOse. a.fine to permanent expulsion; they.may apply, '

. to a ~~gle worker. or to~ large local ~. - .'"

, I

, '_ - _- l < /' - _ .'- •

. Soqte,-people: believe ·;fb.at\ a union;' ijke a' social ,")t 'fraternal 1',<':'

organiiation~'$l1ouldbe free to impose whatever penalties it sees, ,'nt on members violating> its \ rules and regulatlons; unions ·ate~.'::'·'·

',' priva~" not p~1iC"bodies;, ev~ . if a worker is ~xpel!ed £ro~';thec ' . l,unjOllt' he st¥~etains all the,~vil (ighta guaranteed by th~ 1).S. '. I' "Cpristitution;'4~nsmuSthave'the power to.,disciplin,eorl~r

! , ' " ,., ·.nieipbers fo{'Cause" otherwise ,their etI~v~essis impaittd·~d-.

:> -: their enemiescould easily Qcstro¥ them, '\ <.0 ~

'~. ~ .

. . ;~ • ". ~_" " .1._' Ib - " ~

~",-'", ,', ~o~er view.,~~l~~ however,. ~at trade f:U1ion, ~lisdp~ary .

",'; actions lpvolye ~vll~bts whenever u .aceused member £a.ils . . :Set full 'opparl\lhity to '~s\vQt charges againSt hit4 belore an' ·

.. ~ 'pat:tial trial bodjorwhere the action' is'baasedbn'Yllgtie '~'u:. 'lSwtltf;

..:cienfgtoundS..· . P . • •. .c." ....: .'

•• ',- .". '.- _. -: 4{1. - • .fJ.

1- eo

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..... ; ,c> Tbis' vi~.Js based OLl th~, ~Umptionthat unloos' are hdfptii ..•..... . ' ';'"ate orsod.!1 qrganizati,onS. They have 'conslderable .. control' '.' '.' ." '.

_~;e!I1ploym.ent- bpportunities:. W.orkets .. -in. di~f~vo~ with·· ,.

;><fi,¢idS·catll~asily ~.!ict~ect .The,Civil ri8ht~,to.whidl< l\ll1;etic81:r"~:

,:; Qtae4s.ae,entitledby law s~'as ftee: sPeech":,arid ........•.••. ~ .. A ..... Y

,," ,'tOfhli·:tti~dost: all meanins unless ~en.deato °situ;1ti61'l,"

"';'. ':kJqd.~'This.;'iSpatticUlatly;true ••. where,:,th~f.e.: is ',a .. db~d ··ct·." .Y'\ .... 1'\' " "iYii~'~ tratt~d)l~gn'~r$hip' is"'a~ pte~teqwslfe~Jor\ . . \~.~~l~g;a job;. it :,:is~lso, tr\.tewhere '.4 cuniQ~'bas 'a'_ Pfeltete~[I;;"

c{ c~11ftatt~~t'e~clusi"W!;bargai6iri8 ".dpts. .', \,'; ,;,~~

,:'·:'~'Pl .. · ,." " \ .' '. 9 ..',.. I

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" , Sometimes members go .outside the Union to criticize its leader~ and publish newspaper statements attacking the conduct 8f the union's affairs. There have been cases where such members were brought up on charges of creating disunity among the membership, indulging in malicious slander and besmirching the union's

'9 good n~e. To this the accused r~lied that the union's officers were 'more interested in political movements than it). collective bargaining problems and that union meetingswere conducted in a,.highly undemocratic manner; they maintained that opposition

.groups had to. So outside the union to present their case to' the" 'membership because the, union newspaper was dosed to them.

" From a civil liberties viewpoint, it seems dear that in;uch cases the members are within their rights/in presenting-theirviews out- ' . '" side the union. But the problem is often mote complex .. Sometimes

. minority groups within unions oppose duly authorized : strikes or

e ~. ',,-, openly flout orders to ,serve, on picket lines. Opposition grou~ may refuse to.pay dues in protest againstallegedlyabusive leac!er. ... ship, ,Members ~ay violate the provisions of union contracts by accepting less than standard ,wages. Under the _latter circumstances delinquentworkers'mayarguethat their employer offered one of 'two 'alternatives: work at 'less than union rates 'O~1lQ work 'at all.

~ 'By the union's insistence that they bepaid.the standa~d rate,these wo~~J.~, they-are deprived of the right to make a living.

, ' 6

· " 'Clearly a, union must' retain s¢ci,ent disciplinary powers. to' pteyent such groups from undermining its ,effectiveness. A distinction _~m~!_~c:!ra'Yn betw~en the civil rights ~ individual

I members andtheir personal interests. Members should notbe

o penalized or expelled for activities involving their basic qem.Qcratic rights. These include: (1) the right to crlticizeunionof; ' Y. ficers; (2) the right to inform fellow members of their op_.ppsitioo;,

_~ • l't> ~ ~ ;~,

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. ", - .{!f', _ _ ',_ - . '.

, , ,. "Civil Rightsim UDicm DUties·· , . ,

Hdw FAA can unions go in p1~g the civil rights of members .

s ' "in disciplinary case~ ~ith9ut \f.1p~ing ~e essen~ial ~tren~th , of the-organization? Th1S is one of'the issues involved m determiningot) what grounds expulsion or other disciplinary actions should

be based.., \

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(3) the. r-igh~to organize within the, union to oppose the "_

, ~ administrationjf 4) the . informatio,t) channels within .

the union are closed=-of voicing protests outside the Uflrqn.

But membersshould be disciplined and, if n~essary, expelled', for actions detrimental to the 'union. These include: (1), refusal to 'pay dues; ( 2) receiving pay as an agent of an employer or of some rival labor group; (3) violating working or wage rules of the union contract with the employer; (4) "violatingduly ,!!l~', thorized orders normally given in connection with strikes or oilief~': . ",

necessary uriion activities. . ,

\ ~ ~.

, The, distinction is between ~em~er' who exp~esses opposition ' . '~, >,

vrews In an. effo}t to strengthen hIS uruon througn internal reforms; ,

and one whq,/for personal economic advarirageor out of loyalty" ' to some other organization, disregards his obligations to his union, and commits acts which show he no longer wants to he a ~ejDber or actually wants to destroy the organization. _

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The Ccurtson UniOIL Discipline

IN RULING on Union disciplinary proceedings the courts have been .,' governed by many-of the same considerations as those justout-.

,,' lined. As to procedural requirements in expulsion cases the courts have applied three general tests to determine the legality or Il-. legality of trade union proceedings: whether the trial proceedings" '. conformed with union rules; whether the trial, was conducted fairly, impartially arid in good .faith; whether the rules and regu •. ",.,

, lations of the union ~et the requirements of "natural justice." .

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The courts have held that at least the following factors are essential for a trial to conform to "natural justice": (i) notice in ! writing of charges far enoughin advance. of the trial to affor4,- " the accused reasonable time to prepare a defense; (2) a' fair-hear .. '~,::;:,.; ing and the right of appeal to a higher tribunal within- the union; .', . (3) s~paration between the trial and the prosecuting body of tile union' (4) 'absence of hostility and prejudice against the accused '

on the of trial board 'members. 7.

other hand, -the 'courts have held in at least one-case th.t\~·; '"

29

an aggrieved uni~n'JXlember ,has': no right to a bill of particulars ' or to counsel, and that 'he need not be informed .ofconsultations .

• 4

held 00 his case. ',', ' , ". , '

.' .. '-. '\ r .

.

< Furthermore, courts generally require members to exhaust all, . remedies within. the union befose obtaining judicial review,~ith

three ~ain eX,ceptions: wh"ere th, e. accused seeks d,~am:fa,ges. ~here the trial body has ~own bad, faith; and where further appeal

within the union would be" futile.· ,,"

.. - ~ . -.. '_ .

In many cases the appellate tribunal of the union is its nationf convention. The main difficulty here is that this may not meet

, . for a year 'or more after the penalty has been imposed. Some courts have exercised jurisdiction in such cases, but in at least one instance a Court has refused to do so. Considering these circumstances, serious violations of civil liberties may be involved where a penalty is'levied prior to adjudication by the appellate body.

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.j As to substantive considerations the courts have 'ruled in favo?' of, union members expelled for (1) defamatory statements in a letter criticizirig local Union officials; ( 2) criticism 'of officials in the press; (3) violati.Of1 of a union law "forbidding members to carry on union business=outside o~ meeting or executive board

',rooms"; "(4) participation man unauthorized strike; (5) failure to pay insurance policy premiums; (6) continuing workduring a strike .

•

I ,;

't.:.-

~urtsl haveth, rul~ against uru('on} mfail~lnbers expelled for'~l) ac-:. , ,I

.ceptmg ess an uruon wages; 2 ure to pay a per capita tax; '" ~1

(3) failure topay'bact dues; (4) pa:.rticipating in o(giving"aid 'I

to a rival union; ( 5) 'acting in the . interests of the employer or '< '"

contrary to the interests of the union. , ,,-.,'~ ":

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" ,-' ; ,j_!

, Some courts refuse to exercise "jurisdiction in wuOn discipliruiq'·,'",,·

,c;:ases Unless some property, intetest' of the member is involved. But " , .

'where j~ction is aifitmed, the courts have':diHetentiated be-, tween the individual's freedom to criticize and oppose union lead .. " ers on the one hand, and. on the other his obligatioo to recognize'

union duties and responsibllities~ '.

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Current Uniolt: Practice

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-To, ~BTER.MINBthe .po~ition. of, the unions regarding di~pl~ur . . actlon,the authors of this report have analyzed thirty.elght

· Union constitutions, more than thirty court actions and abouftw~nty' cases recorded in union trial proceedings and union publications •

. ,

. Generally union constitutions provide that charges against mem-. ' i'i, . bers shall be heard first by the local executwe board or a special '.", .. trialco~ttee:, Their findings are then passed upon by the 1~ membership, If appealed, the case goes to the executiveboara.,df

, the-district ot~anizJlti~n, from there .to the general executive board, and finally to the national conventIon.·

').

'.'

. '

, With slight variations, this' is the procedure, called for' hy the

, ' ~ constitutions of the Textile Workers, AmalgamatedClothi!tg ", Workers, Teamsters, .Molders, Railway Clerks, Electrical 'and ..

'Radio Workers and man)' other unions. .

.'

In a£ew Instances=-such as the Machinists, Longshoremen and .' Warehousemen and Bakery unions-the referendum is an alterna-v. .' ' tiv~ court 'of 'last appeal. In the Newspaper <_vuild the sole court: of 'lasr resort, from charges against officers is the general. mem .. :.

bership. s > ,.. '- •

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'<: ( f ' ' ,

.in se~ra1 unions 'there is no appeal froin the executive boardj...' '.', its decision is final. 'This is the rule in the Longshoremen's Aseo-: -~ .. -. .' ,ciationand, except in-cases involving officers, in the. :Brewery .: ..... ,,',Wor~ers. The right of, appeal in tIle Mine 'Workers,ends' 'wi~ '.' , '" the.. district board unless membership is 'at 'stake. Here the- case.,'< ,- may 1le'fippea.led to the Jnternational-executive boardaadthe"

. " convention. ·SinillarIy" in. the, Mrlsidans'Unionthe ,ex~tiVe .. board's decision may be appeaIed,tO,~e convention on1fi£exp~~~:'.· .. '. sian is'involved or 'a fine' of $SOO or more. In unions wherethe. ~pr€Sidoni enters ,the 'case, "his part in handling appeals' is subdt~~' ...• ','

/ dinate to that of, the 'executive board. '. ' " " ':-"

. I r., .

1 '

such action is vested in the national president; in tpe others, power. is in the hands of the general executive board .. In some instances, both may act. Occasionally, where the president has the power to suspend a local, only the executive board or convention can. take the more drastic step of· expulsion. Sometimes the executive board. is similarly limited and sole powerto expel is vested in the

convention. '

, I ,

An unusually clear procedure is contained in the Auto' Workers constitution which provides that the executive board may revoke charters and reorganize} subordinate bodies: (1) by majority vote, ' in case of disputes or conditions within the local that might threaten its existence, the executive board may reorganize it by ordering a special election. This may be done no more than once a year. The elected officers may hold office until the re-election and may run for re-election. (b) By 2/3 vote, for violation of the constitution or laws, or internal disputes,the executive board may, after a hearing, revoke the charter or suspend the officers and take over the supervision of the local. Such supervision may continue until the affairs of the local Eave been properly adjusted. -If the officers were

.. suspended, a new .election must be held within 60'- days, and .. the

local returned to its autonomy. .

, <

The authors of this report have examined some fifty disciplinary

cas~s, most of them involving expulsion, The cases are of fbUr ..

.general types: (1) disciplinary actions for violating strike orders, -

wage standards, 'dues E_ayments or other specific membershipobli- . gations: (2) actions to-· lliIf emo9iiaSsUig- or -idjud6us- ditiCism--'-~---~ inside or outside the union; (3) actions arising from differences

in political .viewpoint or "union philosophy"; (4) actions to fore-

stall the overthrow o( the administration in power.

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Most disciplinary cases are in the first group. Union publications 1~ the I~GWU J =« and the United Mine Workers Journal reveal many instances where workers have been fined or, otherwise penalized. bytbe union for working overtime illegally; accepting less ~ than standard wages or violating other important

union rules. . . __ '~ _ ___.-c --

An editorial in the 1trly 1942 International T eamster,for ex-".

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" ampJe, urged local union' officers to prefer charges. -against members

refusing to return to work when ordered, saying: "Such men should , be suspended for an indefinite period or expelled."

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, .l Some Court 'Cases

IN ~NE court case a l~al teamstel~ official 'in Io~a ~alled ~ st:ike without the two-thirds vote required by the U010n consntunon ..

, On the em p10yer' s petition, the court enjoined the strike and' the union official cancelled hiS strike order. Later some of the drivers went back to work, but the local's executive committee suspended them for re~ning to v:or~ durin~ the strike: The court ruled th~t the sllspension was unjustified since the ,dnvers returned to tlieir

\ . jobs after the injunction was issued. N'o charges were filed against

them by the union.' ,(.

During 1941, a'group ofeunio~ members sued for remstate-,,': mentin a union' from which they hadbeenexpelled fOE a€~'·

. wages below union scale. The court dismissed thecomplaint on "

, the grounds that: (1) the accused members were notified in ,writing of the hearing at wEich the charges against them were con-

, sidered,;_,(2) th.~\lIlion·~cuti\'e_Ooard was duly authorized to , hear the charges; (3) the members were not prosecuted 'unfairly" or in bad faith; (4) the charges were sustained within the laws,

and rules of the. union. ~

, ,

r The COurt made a similar finding when a plumbers' local ;linimt·

--~-~-~-ordered,~the workers off a company's payroll for a period/Of one year when it discovered they had been getting less than standard "

. wages. - :'

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Another instructive case involved a Boston local of the Ameri-can Federation of Musicians. A 'contract signed ~y' li' union mepI~' , ber as 'leader of a ten-man band was cancelled by~e executfve :<--, board because he' had not submitted it Ed!. the board'sapproval " as provided by the local by-laws ." The band :l~ader was also fined " $ 500, ,; follc:)\ying threats ef suspensiox:t or expulsion Iro~eQniol_lt ',' .. ' '",

"members of the band refused to play under that le@;ler. When .."

, the case !las taken to Court, 'the bench ruled that the union had ~{ ,unlaw~ully' conspired' to prevent" th~ members from, Urtying,,'>",: ••

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. , ,_" .

·i,',

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out ~their contract and deprived their employer of free aCces~ to ,

the market for musical talent. '

Another case involv~d a member of the Newark Newspaper Guild charged with having interests on the side of the employer, The worker received due notice of his hearing before the union's executive board. He was' free to present witnesses and state his case. The decision went against him and he appealed to the Guild membership. A trial board was selected including representatives from the accused's own newspaper, and he w.as again given -full opportunity to state his case. Once more the decision went-against ~"',_;-~~_ him and once more he appealed to the membership, but the mem-

bers sustained the trial board. This time he took his case to the , courts,' and here the action of the Guild in expelling him was upheld.

,

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Fighting the Administration

"

IN ANot,HER class are those cases which result from attempts'

by ion officials to/ silence charges of financial irregularity ,

or at r misconduct on their part. "I' •

member of the Musicians Union; Local 802t New York, arged that the '1936 election of 'officers was <'fraudulent and,

_ged a new election under impartial auspices. He was brought up before the trial board and expelled from the union. When he" sued for reinstatement, a New York Court ruled in 1941 in his

, . .favor because the- trial" bOard which had .expelled him contained:

. union officers involved in his accusations. . ',_

'I

II

In another case, the Brewery Workers expelled a member who had opposed union policies. He sued for reinstatement. The.court ruled in his favor because the union ofUtials had deliberately . failed to record the name of a witness in the minutes of the trial board. This robbed the accused of a chance toappeal effectively

to the executive board of the international uniorr" ' ,

,~.--- ,

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In. a local Bill Posters union, a member objected to hapding

·"over,.part of his wages to certain union officials. He-was expelled. for bridging court action to recover these "kick-backs." Hewent

\ to. court again and sued for reinstatement as a: member of the

(

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union. The court ruled in his 'favot. It held that the· grounds O~:":l:'" . which he had been expelled were invalid~,the technical charge, -was that appealing to the courts to recover "kick-backs was a viola;' tion of the union's constitutional provision forbidding members to conduct any union business o\ltside-6f-meetingor executive

board 'rooms. .

""'Another case involved a New Jersey teamster 'who had: been a driver for nineteen years. He fought for improvements inwork .. ing cdtditiolfS. Despite vigorous opposition by the union adminis- " tratiorr, he was elected shop chairman for hisl'bam." Two union members then charged him with making derogatot)"_remat~ about the local's president and vice-president. On this charge he was, expelled. He' sued for reinstatement, and tpe court found that Q,O '

,charges were served and no hearings ,. held. Nevertheless the; complaint was dismissed because the worker had failed to exhaust,'

all remedies available to him within the union. . '

-,

In another cas~the president of the Paint and Varnish Workers'~:':: ' Union, A.F. of 1., charged a member with seeking to .remove him . ' from office .. Thereupon ~e e~ecu~ive.h9~dex~lled the member

from the, umon. Court action 19 this case 1S pending. . . ~

"

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, e, ' ,Other unions involved incasesofthis kind are theCarpenters, , Motion PictureOperators, Buildings Service, Painters and Retail'

Clerks. "

Poutici1J, Differences

-

A T~ '.?R,OUP, of cases aris~ out of,-difI~rena:~ '!n .~liticaL ·vlewpomts. The best known examples are disctplmary, actions arising out of charges that certain officers or members are " serving the interests of Communist, SQclaHst or, other political .

~ ~oups at th~ expense of more immediate union aims. -

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, Defeated groups within a union, radical or, conservative, f~ ':' ,

quently, maintain~.at .the administratiop ~u'pPt~sses the~':risht'of~', free speech and £ctir trial-and treats OppoSItion in an arbitrary, QP.,... , ' democratic manner. The group in power, -on.the other hh.nd,pf~·, "

, maintains tha,t the opposition represents a· minorityoftb~ mem- , bership and must be expelled to ~aintain organizational. .. unitj.':'

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Methods in cenflicts of this kind V:~1}', but their' essential character

> _ is more or less 9J.e same whether the group in power is "non- " " political," Socialist or Communist.

Left and Right Wings

IN 1922, for example, a left wing group' sec~red control of two "

important New York locals in the furrier's union. But the ad- _ ministration of the International Union threw them out of office "for the ~ood of the union" and .. suspended them from membership. Three y<;ars later, theCleft wing won control of the New York Joint Board.. Following the 1926. strike, the International expelled the left wing leadets and dissolved the Joint Board . Subsequently, the A.F. of L, appointed Edward McGrady, Matthew Woll and Hugh Frayne to reorganize the Furrier's Union. Apparently most of the New York members supported lithe left wing- " leaders; these were able to form another organization which be-

came the most important in the 'industry.

.' Another conflict between left and right wings rocked the inter-

national Ladies Garment Workers Union between 1923 and ". 1928." Early in the Twenties) the officers of the, Intetnational,

"headed by Morris Si8maa, t{'equdi~y expelled members in an ""-

effort to halt left wing agitation. But ill 1925 thefeft wing e e ,

grQup gained control of the three largest New -York locals and

a temporary truce was reached. In 19~6 there was a strike in the·

." New York cloak market. On this occasion, the International took over the affairs of the three locals and expelled many of the left " wing leaders. The: left gro~p charged the ' administration with.' undemocratic tactics and formed an independent union. Numer- . ically this was never very strong, but its existence nearly reduced

the ILGWU to impotence. ';

I

. ,

,

Duringthis~riod, Sidney Hillman faced similar threats to his ; leadership in the Amalgamated Clothing W~rkers .. He, too, resorted to expelling left. wingers. Under his aggressive tactics, the left wing made little headway in the men's d9thing field.

More recently (1941) the executive committee of the New York Newspaper Guild brought charges against the ILGWU

,",

,

36

,

. .

. . \ , " "... .:. .', .. ~.. ., . "

'publicatioas' .' .' the ,l()Cal~s~eadersbip ·m, co~~~··· ',',

tion ·called against the Jewish Day 'and 'foiJail~g;to '<~"

pICKe{ line. According to the eleven members of. the nowu ". , ':' ••

unit, strike was inspired by T he Freiheit, Jewish Communist ..

, daily, in an effort to break up a non-Communist union which had had a- contract with T he D~y for many years. In accordance with the' Guild's- constitution, the members elected a trial )board .of.five to hear' the charges. There 'was'f_ full hearing. at which each side , was given an. epportunity to state its case' and present witnesses. " '. The trial board ruled that the accused should'notbedeprived of. ,~ ...

. membership or penalized in any other way.:', .!>·f· .

," .

l· -

• ,\ r • ' • ;:

Another case (1941) involved the editor of an'oppositiorrpaper \,:

·IPe Pay Dues ~Too in a State, County and Municipal Workers," local.of New York .. He-vigorously attacked the union Ieadees..": . for following the ,~n:ununist Party line. The 'aclminjst,tation tried ~. <1. him 'on charges of saying in his paper that: union o~ia1s. had -. .... opposed the Selective Service Act beforeandafter its ena~en.f •.. .:

At the executive board hearing' he was charged with wilful, delit.-.";'.·· -, erate misrepresentation of the union' s position> Defeosecou» Jel' ,".

. ,replied. that the local had sent delegates' tq . the. American ~~ ace '.

Mobilization conference in April 1941, showing theunion oIJcers;;.:/~ .. had followed the Communist Party line and. opposed ~~, .Selec~: .: '!". tive Service Act.: The defense also argued that the executive ·bo41'4'· .• ' ..• was biased and urged that the' trial body be electedby theniem~'> betship,.Th~,execut~ve boerd=consisting of the officials 'acaised ,-: '. of Communist poucy -. sat in judgment against their . politica.J~;: ': oppo~ent and suspended 'him from the union for a yeBt.· He sued .. >

"'...... in the courts, and the case is now pending. ,'.' , . '> .

~ .. , ..... " ' .,~~::", ~'" .:._

. .~, In' 'stili. anojpe~· ca!;~; office;'s of Loc~l '100 of ~the T(anspOrt.··,· . '., ; 'Workers Uni()n brought charges against tl' member who had.

' .. '. accused the~ of"Bfcepting Communist Party orders .. This.memberl.:: had claimed thatthe union officials had even misappr01.tiated ;'> funds to .help retumsoldiers from the Spanish civil ,Wat~'fhe.,:' trial board recommended that the worker be' expel1¢dfoi·cii~':·~:. culatiJ;tg false reports amongthe membership, The reOOQlqlend~/ ..... tion, was approved by ~e local' s executive board, ~e joint, exe.al~:·:~ . •

tive committe~ and: all but one of the union sectionsinvol'ved, . "; , . ,the controversy.· When thew?r~er su~d~"~e New.'l'otk~, ' •.

, .. :,,:~(:;.:.>/:, . ".' . . .' . .3 7'''t:'~ > ,'. , •. , ,'~l ,

. '

Supreme Court ordered the' union 'to , t:rejudice.

•

"Other cases involving the political act.i~itieS of union officials or members have arisen in the United Mine Worked, United Autpmobile Workers, Americw Federation of Teachers, United Fed- . eral Workers, National' Maritime Union, International Teamsters - and many other labor organizations.

. ,

-Intrusion of political party0 interests in ~on affairs marks a considerable number of unions, add i~ frequently accomplished oy manipulation by a minority of democratic ,procedure; through such tactics.as.attendingtand voting in blocs, caucusing in advance, or wearing out the 'majority in meetings protracted by parliamentary wrangling. Communist PartytBelnbers, and in less .de-' gree,memoers of other minority politE'aJ groups, have resorted to these tactics, They manage thus first to get a toe hold, then, a

'foot hold and then places on the key committee or 'in the key' . offices. "The same abuse of' democratic.processes is of cour~e fa.. miliar in. other associations, and Isovercome only by superior resourcefulness and organizatlon by the majority.

....

f .

The' Strugg~e for Power

\

, DrscIPLIN~Y actions sometimes crop -up from internal union , struggles where d.gIerencesm trade union 'or political'phil?sophy become battles for 6rganizationaICOrttroL ' '.

A' striking example of thii is the fight which John L .. ~is 'con-: ' ducted against Alexander Howat for control of theUnited Mine '

-. Worked in the Twenties. The struggle ended in Howat's eJq>ul-'

. sion. Later John Brophy and Powers Hapgood led an: 0ppO$i~9ri movement- against. Lewis, but in '~928 he succeeded in expelling them. Subsequently Lewis used expulsion to maintain control of ' District 12,Illinois, but the members revolted and in 19?2 organized the Progressive Miners of America.

, k.tother ins~ce of th~ ;extr~mes ,to which ~on l~ad$rs,m~y, go . in combatting opposinon 15 the way -MaJor. George ,Berry handledthe New York-printing, pressmen's sttike}n 192; .. 'this ,

, 'l ,. .p. ,-

. '

.38

-

.

,

- . -::- -. - --_ -.,:.:.' _:-- '_ ) , '. - -' _- .". - - . . : , ~ . .. -_ - ,

.)qcalstmckwithritii;'the' Itlterfu~tional~~':~:&ilD~tiob~d;'iq~ , " , "'"

of ali ~itratiQn' clause. Berry th~teupon; revok~dthe local's': charter, suspended the entire membership. and telegraphed.press- / men'slocals throughout the country to send' men to New Yo!k'to,~,: take their jobs. Despite strong "opposition, Berry .retained power .;

and won acceptance of his 'policies. '" ", "

, • • -r c ~_' 0 ' " • .,.,"" :;.-:,

Conflicts for control are often confin~ to a Stngl~ local o~. .: district organization. Recently one group m an Operative Pl~·,·.' ,.' terers local in Pennsylvania called a strike against the wishes. of." 'their opponents. . These called in a representative, of theInter'national-who promptlyexpelled the strike group and.reorganised " the local. Suit was brought and the court ordered the Union to

- reinstate the expelled group. '

In one unusual case, a dissident group of the United Mine Wotk~<}, ers formed a new local. Thereupon the offioers ·of the old local' signed agreements with certain mines providing that the ' man- ,,' ageinent would dismiss members of the' dissident 'group. The new' local went to court and secured/an injunction 'protecting".

them in their jobs. / ~ ~ ,

. .

In another case, bitter conflict. broke out between two loca&/

{ / - -..'

of the Furniture, Workers Union/ In support of the group favor~'

<able to its interests, the administration oftheIntemational sus .. : - pended .the opposition local, deprived it of its charter and r~o~ .. without notice and transferred its assets t<? the rival organizatidn~, The suspended-group tried. to appeal from the a~ of the ·Intet-; national; but the uaion' s -appellate . tribunal ignored its commuaica-

" tion. 'On these 'grounds,' a cQmt-ruled that the suspended localbe

". .~ reinstated and its ~ets returned. , . ""~ J, .': _;

- '" ~ - -- ,

r..., _.. • "" - _- .:

Disciplinary 9\ses investigated for-this report show that: many·· " t. unions scrupuJi~sly' safeguard the rights and .interests. pf their· ....

. , members, But, t~re is evidence enough that union leaders " .

times abuse theijdisdplinary powers. This is espedallj' true ,

their control is~~,inted with illegality or where an oppo~it1ongtotip,

. is making subst~tial headway. . .. ' "

.. ,Members depriv{d of civil' _ rights in these cirCwD.stan(:es:~aY'··

.' . ' . .,~

" .

, . . . .' ',' :~; -..\-':.' _;. ." :,-·-·,,::.~-."::"/'<'/~--~~·~~f~~:,:~::t.~r{it:~

be able to 'secure relief~froIn the courts.', ''But -nWiy·"Co1#ts:l~~iti~~~:~"Z~;·:~:~~~ to take ju.dscliction unless property mterest~' are . invo~ved_ arid '.idI .... _. - : :.' ': ':~

r~edi~s within ,th~ un!on.h~e_ been.~au~te~ ~sides, ~al. -. .. ' .

. :i acnon IS roo-expensive m tune and money .foI: the average. unIon ~

.member. . t._ <t, • ;~'

".

J :., - r ,'.

Anothe-~ means of . control of opp,sition is, to be ·fo~d·-ib· jQb' . '. " placements. Alth.C?ugb unquestionably there is ,a' 'good deal f- of.,,'} playing"1ivorites; usually it is Sp vital a bread-and-butter question . ',p1 tha~ the sheer weight of pressure from the rank and file -compels .: /:

. the leadership to inaugurate so~e sort of a share-the-}Vork_jobr' , .

J, routine prograra, operating automaticallltthtough the union head·'" . :.:,

quarters or by contract-provisien with th~ employer, W'orker~ who . i

tt . . . would protest over :virtually no other abuse qf unionism will pro-' ~ . ., I , ". test loudly and vigo~ously against any unfairness in job J'lacement ... :;. .:

, ,.

'';

,- .

, ... ,

- - ~ ~

. :;

"

.. '. ".' ~ _'

l. ... ... ~', ~'.'" ": •

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_ - -_-:, .' .' ~. · .... ill' .,.~

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• ~iIJ ~ - ... --. ; :~'.:.) .. '

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.... ,0:-

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'-"

·,-iV.;~'jrjIVisIdN"'~OF·POWER. , Union Zones of Authority·

"

~ INTERNAL government of ~onsis organized on three ',\ 4 levels: national, district and local. In the national organiza-_ ~ , >.J' non,is usually vested control ,ovetrqad-questions of policy;JjJce,~~.' I " ..... ~~' .. C9nsqfutio~al changes, organizi .,,' 'paignS·andgenec¥ .strik~;· .• ····· The local administration .usuall ". ntrols .dues 'collection, . ioiti .... : .. ; .

, . , dealings - ovet. grievances and participation in, city politics, Least:.'

, in, Un}?gItallce are district organizations .. ,Their . tole in fr~8

.:;, \~ . contracts an~ h~dling stl~es,is overshadowed ,by '~e l?nation~ .;

_ -. \...__J)t\ local bodies. , ".'. .' , '" . z . ,

• .. -.. > •• •••• • ~. ~.

.: '~Locals ~erice nati~ and' district· policies echfefiy . ~~'" ' .

. ... the.de\egates they elect to convendoas, On the. Qtherhand,tli~: ~~ '~nafion8l admi1;tistration usually· has UnpL'ttant' q>ntrols/.overc1:P"e'·

r .' ' '~~itiesof locals. Oue-of 54 consti~tion.s .~~iQ~ed, +' explld~y .

~ p~ovide some control over ~qcal ~licies bytinte~onar o8i(e1'~," . .. '; ,. Ptecjqently the'gtanto~ power.is broad. ~Locals ¥eusua1lyob4i~:<

.:' 'not-to doanythlng. ttgettim,eiltal to the~terestS of the\uU~~~'::: .... ,~,:< ." ,'I:llef'.nlust ,~ereports tQ the national 'body. :They~y:.h9~~:, .• -;' " . ,;"disObey' mandatesof the, executi(e bqard or national ~nv@tioit,' ~

": "",.' ~ : '. ~ , ',' .. ~ .,.. .. ,I." ' '.'., ~' '_>;>'.-:HL

" • "j ,; The C .. vil Liberties JS.sue . , ,. ." , .: ,:;:,,~'

--::~: •• ~.~_---~ - -. ,.~.'- • - '. . .... - •. .: -.' .' ~- .: ~. - r • ;~:--~~"-'--:~:~.-;~'.:,--

WlTHIN natiooal,district and,1QCal bodieS, ,.authority· is,'. i...· .

I .. ,.' , .2;·,.V1(l~(fbetween:the executive _@ndtbe, el~raf~ .. The~ . :' .. ' •.......

I ·";.::,:.~':1h~qes.all e~ected ()fik.ia!~ 1nct:~eit ~t?popttees; the latter~ ,.

c~.·; >:', uruon:. meml?ets and the1r delegates., . '.: .' .' ;~' .

ri4 ~;,l~" ..~'" . ,g 'i' ~ , ". '" ," .. • ",. '~~, .,

i '~";7;;;:j-:\!>P-tobleQls 0,£ ,demoqaticcQntrdl' arise in . rut . three sPheres' '" .. ' . I'fl":~),>"~ ... '; :1n_e~:Jhe,6~·q~stiop.~whet?er·them~'

- f, . , ,~a~e _, BenuUteoppo~

~m;~1'~:mulg,,,.1 )g .. Iuq. ner~~,th~ 'furtb~ . qu~tion. wnemec ~~,r

. ,j~~e~e1)tatives a~ally utillZe,-available .

'otJOOn1.:r·( .)l'~ .' 'IJle -1itstisa'ma~er, of. ~vil.~; .tli:tsecolid" . .tM itW-':\

,~t:._:,cu,'~,used •. ~ , ' .l: '. " " , . .... " " '.- ,:.

, .... /.; ,'; .: .' . ',' '.' .' ." .','" - ,'.. . _:' ~/,

. . . ',"ftC)01t::tights .·aff~g..'eQ~aitte" 'rt;qWiements SJl4' .. ·.Ji(~o~s. alteady·:.~ . the' ,£ollo'Yhig are- '. .' '.'

.:. .'. ~<: <-~,!.- '. :~ • -;_ .

, t

starl4ing- civil rights,whichshpuld ,be;'a~atI~bje to Union.lI,te~;ec..s~

.' ... ~ ./ J , ..•

( 1) Full, detailed reports to the " members Q.f their delegates, "including reports on finances and on ~rtant actions of , . the executive officers and executive board, r, ,

.

(2) Freedo~ to express . Ci~al views at meetings, on 'co~vention

floors and in union p.iblkatio~s. . , ,.

, . ~. -

(3) Full opportunity .for members or thei~elegates to approve

" or disapprove policy-making decisions, 'meetings for. this,

, purpose to be held' at frequent and regular intervals. ',' ,

<i' "_ •

(4) Election of principal officers at regular intervals by secret .'

" ' .ballot of. the members or their delegates, with provision for '

impeachment or recall where required., ~

,"fo'

(5) , Freedom .to ~ alter the terms of the constitution 'either by _ ~;,

, initiative,' referendum or other. democratic means,' ",

,

, .

, " ",' I

. ---_. .

. _. ",ll

t: __ •

These are all essential rights 'of union members and wasrant. ._ protection. But even where such rights are recognized and given '~i effect, genuine democratic control may nQt be' achieved. There ,

, is always the 'possibility that these rights may not ,be tised.Mem: ' bers may not carefully read theirofficer&'repq,rts;, they may.nof: take advgntage of the right of criticism, or weigh the merits of, a. proposed policy, or exercise .. th~,right to vote. Thereis also the ., possibility that leaders will play off one group against another, ~, pi, usemass PFopaganda techniques ~jJ further personalinterests,"

-~~~, .,. ~ _. . '-'>-~'~'~4;;---' - ~ ... - l' : . . ..... .' , _ .

J:Litp.its toIDdividualFreedom' .,

THE CIVJL ri~h~s~~f union ¢e~Q~r~ ar~ c~!l~tion~d ~Y ,certain, ~ ~_ .-

~ necessary limitations upon ipdiv1dual. action., The ~lBht to.- ,

criticize_ and, the . rig~t to appeal from executive ~ions are '_' .-

basic; but a minority group can .bardly be allowed to block 'officials " ~ . in tOeir regular administrative duties or' in ~arrying ~\tt duly 'authorhed policies.' Even' in foimuJating general policies, eon-, , ,., _; , ',' siderable ~ltitude must be', granted ·to national executive officers ,:, '; ",'

if the union is to function' properly. ,

.. ,Inth~'~e of·th~, OnitedMine Wo.rkers, attempts by}ocals ';' ot· distsictsto act . on, their own initiative have' had disastrous

_. - _-. 3 '. - - ~

: -.': fu most. union a,~ivities~specialli strikes, boycotts art4 wa;X.,· .. " <. negotiations-cthere are abvious advantages. to centralized controk. ' : '.: .. All that can be reasonably required is that-the members or the~· .: .' ,

.'. \4elegate~ be given genuine opportunity. to pass on general poUejes.· ':~"

, . before these are adopted, that 'they' b~ kept fully informed of··· .: ·,' their. officers' activities, and that they De free to' approve ot \diS~ .. ~:

approve their COQ~;· \">:

.. '. '.. . W'_liether national. unions recognize" these .standards m~y ,.:bC?·>:'~;~

, •. 1, .j~dg~.d by:'! :~1) ~~ p?wers of cxecuti~,f! officers; (2) checks ·ujtO~;"«.·;

" .9ffi~rs-,a"atlable to members or their delegates; (3) th~ ' .• ~ .~(: ..

. '. ~ ,0£ criticism; (4) the conduct of -elections; ,(5) the £ortn~ti~~.c~

", " ' ofpolicy, ~ " - ','

;J ~.. I!' -". ", _~ •. ~ ') ".

,

.. ' ~. .' Nationj. ~u~Orit)'. , . _, ' .... ' .' ~':;:.< .~<:J'.:~'

'. " THE SUPREME ~uthority In most unions is the -natlonal ,q)i1; .'?<, , . " - -vention, 'A study of fiftY .. four' ~ion constitutions shows ··thai:·~,~·:::~

'" .: .. , . 'in .alrnost . every 'instance the· national convention has sole ~~er·?:.r

. " '; ·.·,'to pass.laws.and determinepolicyregulating the union's " 'r~~

.' '. ': ." . 'cond\iet. 'The natioaal officers and executive boardare '::< ·."i

, to 'pl~esen.t' reports on th~· work to ,~~ .ecnvention; their a.ecUlOGS<.

< .• , iJ:e. subject to. the «mv~nti?~'s approval, -: -, . .. .. . :~~,::,~<::!~;,

, ,

- ... , ~. . . I R ~ ,... _ • • :.: .~~. of"7 _ r. • .,. ~::;F "f':'-~ , .

. : ": '. BetWeen convendoas.. ali ex~tive and . judicial ,powers .• ate), '

I ." .vested in the national' executive.' board.' Unless' anduritil··jt:··is: ' ' '. ..,.; .overruled by the conv~tion,,it .decides all pOint~ o~ law,' :cla.i#ts;::,~.t '

.: ~ ", ;~devances and appeals .. .It 'm.aY-'· 'g~ant or revoke>" char_tetS;· ··nn.:.· ... ' . :..... . vacandes, suspend ·,ofl~pets.~>:,:,l~:$Upenrises the union's, 'linaild~:f:; ,

i,>··.. " "::·.a.ffairs~ It, can rescind, reverse-or repeal ~y. action ofthe ..j~t~····:','

I . ~" . ;. . national ~ otncers .. Q_t their' representatives.. . . . ~, .: .: '. . -, '

• ." " , . .:. . . .:, _;.' ,'. :. ." . ',; .. :- ... :,<:)::: .....

'. . , . " Between 'meetings of the nationalexecutive board, the ~tJrii~~~·~~~:}~: .' ... .. : .:, ~airs are dir,~. by the !l~t:ion~ pres~!ieQt e . pnd~m~~~ .. o·f '~~'" ." ::.':~: ::.' '~.: :fi:fty-fout ~ constitutions examined for thl$ .report, thept.eslc;ient,lS,'··

.: :. ;~,:~ - .. ~" empOw.~ed·· toconvene the board. whenever he deems .~r·" ,.

. . I '. .. ' . ,', .. :', , '.,,:";'},<"?:~~

- '.

'----- .. - . . _- ~ , .. ~- .:: .... :.-: - . ,':-r

. but Le must repOrt his activities at all-me€tirigs. ahdis teS~le, - .

to the board (or the conduct crf his office." Subject to exezutive.' board appro~aL he appOints UIDC#,'i organizers. supervisesGrgan~ izing campaigns,' handles .:uspure5 berweea emp!?f"ers and employees, and adjusts differences within o: between locals. The president also decides qUf:Saoru of Law .and appeals. bethis decisioas rna,' be appe-ac1ed to the e.x~Jnve board. Unless otherwise provided -for. he at-points ali convennoc or nancnai committees

. ~d e.n.torces all ·taw~. rules and rezuiauons ado~.d bv ~e exeeu-

tive hoard and:::O~'enbo4 -

. /.

, Onlv one of :be nrrv-rocr uruons invesnzared has Eo coesntution wh.tch . do¢s not provide io: 59me srseemcrcbecxs and balances, Theconstirunoo of the .;\menl:aD Ped~anon of Musicians givep the. president auromanc power to make decisions 1D cases Vtiler~ be thinks an emergt;nCY exists, binding on 3011 members and lcY-..al:I, Wheaever,'he thinb necessary. bernav enforce the ronsritutiol\l or annul and set, it aside or any parr of 'it, except those covering union finances: and rna)' subsnrure .. other and different provisions of his own making."

Under most WliQP' consnrunoas. however. aumonry. over national affairs is Largely divided between the presidearaod otilet

-executive officers, the executive board and .the convention. ,Basic union law is essentially democratic, But there are' many appo~. tunities for dictatorial control. These are due chieflv to two. setS - of. factors: th~ wide powers vested in national. p~ts and . executive boards. and the manner in which nitienal conve.nti~

. are organized and run. '

- .

Presidential Appointment

IN MOST ~~, the president,~ppoints ~ committees at, ~."v.-

conventions. Of the 54 unions studied, only ~the Shoe Workers· and .Maritime union.S--el~ their -committees aecoaventions. In all other cases, the convention 'delegates submit their:-. proposals to committees appointed by the president who thus

has a major voice in convention decisions. ' - ~~

,t

. \.

,

, ,f·

The . credentials 'committee is of crucial impOrtance. No~,.;;;: 44·

•

'. seated,w~t 'its' approval. in· this 'way it ~ exer-'

.o,se .' control over the, makeup of the coeveotion and

~Ou~n* of the battle for control. '

,

. How the credentials committee is selected is one clue to the

a~gree of dem:ocrp..cy< ill a trade union. Some unions do. not give . .

..: ).tiieir president power to appoint the credentials committee, ~ .~.

"~ ,! , 'W~en he ap~mts all others. This is so, for example, in the Trans- '.

t lXfrt Wotters. Electrical W orkers ~~.J M~inists unions,~here

,( the exeamvebosrd constirutes the credentials commitree~ In the

· L1ntted~fuie Wbrkers and the Boot and Shoe Workers, .theae-

· derltialS ~ttee 15 made up of elected auditors.

, .

lit:. die other extr~ ire those unsons whose president appoints " 'me credentials committee regardless 'ofbow other committees are . chosen, Tfl,U 15 so zn the Tobacco Workers, Hod. Carriers; T eam- ,"

· ~ ~d Railw'ay Clerks. In many Unibnl.;-includin_g the ~;".' C~ Federman of T earners, Office W orkers, &keryWo.rketS " and .L&dles ·Gannem Workers -. the ct~tia.Ls cvmmittee is appointed by' the esecnrrve board

HO SELECTS the u!l,!on erg:2.!l1Zet'is .anothel key. question ~fot 'trade w:m;1l demoq&.."'.:f. The ·o.r~~ 1$ the crud. !-enI ..... ;

~ et- \ •

~'e o.f thf:oJJri.:mal (Fffice m ItS d~lings i'ith ·local ,Wlitm-.

>: ·~rs. Asliaisoo oHu:iais,' th-6 .orgRoiz:er! are in.·a sttategic

. oositiOll, to mnuenc.e Iocal f"lfilicies and ~ on the one bd~ .

... _. _. r-_o &0.. •

md, the duisioru of nariDruU leaden on the other ..

~ - - ~ ,. " ~ . ' .

The President and Discipline I

,

, THE PART 'played by national presidents in' disciplinary actions - is considerable. In, forty-four union constitutions with provisions on this point, power to expel locals is divided about equally between presidents and executive boards: In almost every case, ~ however" appeal is allowed to some higher union tribunal. In

four unions where the president has the power to suspend, only the executive board or convention may expel.'

. In some unions the president also has authority to reorganize or take over th~administr~tion of local unions when circumstances

warrant. .

· .The grounds on which a president may' suspend, expel or r~r~ ganize a union are sometimes, enumerated in detail by the constitu. tion; but in most cases the wording is general and ,vague.

\ ,

The Executive Board

,

THE EXECUTIVE board is the. supreme authority between con, ventions -. It has the powe~ to supervise the national president and other officers. An inde,Pendent executive board (an thus check the broad powers of the president;, a weak or subservient board " strengthens them.

· Usually the national executive board is made ~p of the presi;·. dent, secretary-treasurer and vice-presidents of the national union. V·' . are '@lected by members in the- districts, by distrl(::t,:Cle.U~a.res,or by vote of the entire national convention. Often executive .... "........... members are the chief executive officers ,0£ the. various district

, .

•

' ..

"

~

· . Executive boards usually consist of ten to twenty-fivemembers; .

but in some unions, like the Transport Workers, membership is'

. much -larger.. " ' ,,_

, '

A' good test of executive board independence is .the frequency .. or occasion of its meetings. . Twenty-nine constitutions with prqvisions on this point were examined. Most of them prqvide either

e

s." <

\ J

~ : ... ~- .. ' ..

t· t ;'

,", .

~ -. "

tnattheC ~ard must have': ~ fixedminimiuri ~wnber 6f meetings' a year, or that meetings can be convened by board members without. ,presidential action. The)1extile Workers,_OHoiiery Workers,MaM rine Workers, ILGWlJ, -the Transport. Workers, and other unions

have both provisions. '

'Executiye Board' Powers

ON PAPER executive-boards have adequate' authority to check ~;'

abuses by national- officials. ' The problem is lack .of " incentive- Too often the ~~e;ests of the 'Pf"esident and the executive board are identical. What unionists call the "official family," usually includes the chief national officers and executive board members along with, various key , local officials, .

Before an issue ij referred, to the convention or the member .. ..: ship at large, the "official family" usually agrees on the position it will take. The weight, of its influence is usually enough to

,carry the day. . • . ,

I • " .... ;, , "_

In return for support at &>nventiohs,. the, national leaders .may-" give executive board 'members -wide powers in" running their ,dis-, ~ trict or region. Board members make similar deals with local leaders. In this way the dominant group may-gain control. ofall' • . important- union positions.

.As long as there is,' no serious dissension within the ··official·, - " family," opposition rarely makes much headway. The dose links' which 'usually eRistbetw'een executive boards, national officers, c, ' and powerful, local leaders are perhaps the most serious barrier· -:

togenuine democracy in many American trade unions.' .

. '.. .',

The National Convention .

A~ IMP<nTANT means of checking 'arbitrary action by· natiOOat;~

" officers is afforded at conventions -. Here national ofiicetsmrist'

'W~11 from the members' representatives endorsement for 'past' 00 '. 'p.es and approval 'of proposed-actions. '. Here, too, OP'I :x, )Sltlon

groups have the chance to criticize the official family" to ptess:

for imP9rt~t changes in policy. . . 0

f; , o. v''' ~The most serious limitation to, ti\e 'ef:fecti~ess of conventions

• " • 1, •• ~._. - • ',"". - • _ •• ,.,"

_-;, "1 •• --:'" ". l,

.- .;

. ~7.,

'"

s,

,

~ ,

~

their size. In fact most conventions are so large 'that active particl~ pation by the average delegate in floor discussions is almost im-" possible. Conventions of the smaller unions consist of only one o~ two hundred delegates: but in the larger unions, likethe Teamster~'and Carpenters, they number well over a ~ousan~. . .. c .

06 the other hand" most unions observe commo~yaccepted standards of democratic procedure iriapportioning delegates among locals. Thirty-eight -union constitutions examined show that delegates are usually apportioned so as to give smaller locals

.. proportionately greater representation than' larger locals. The .typical provision guarantees at least one vote to each local; where membership is over 100, another-vote is granted, for each addi.tional 100 members. This is the basis for apportioning delegates eto the national conventions of the Mine Workers, Automobile; Workers, Transport Workers, Electrical and Radio Wo(kers, Mu-. , " sicians, Longshoremen's Association, Longshoremen's ansi' Warehousemen's Union and a large number of other organizations. '

- I ./ ~ ". .

· Often the ~scale is more steeply graduated. TheILGWU con-

, stitutiongrants one vote for the first 99 members; two votes where -there-are 100 to 300; three for '300 to 1000; and.one for each 1000

thereafte;. ' .

0'

'.

,

~.: .

.,~ ..

~.: ~

r-

Some unions.Tike the Locomotive Engineers and the ,Railroad Trainmen go so far. in 'protecting the small locals that they give -, ope vote to each local regardless' of slze, The only union which ~. , seemsto . discriminate in favor of large locals is the Tobacco Workers. Until recently, at least, it· granted o~.e vote to Ioeals with 25 to 300 members and one additional vote.for each 100

members .thereafter. " .

Small locals often "find' it hard to pay delegates' expenses: but most union cohstitutions : provide that the international offiCe

.. should> pay~' at <least part of the cost. '.'

. .

""c' ~,

.r~-~.. ~. Who May Be a Delegate?

THERE IS i1tne ~e_nce in union constitutions of arbitrary or discriminatory requirements regilidirig the qualifications, of

. delegates to national conventions. ' " ~

t,.}

, -Out of 38 constitutions examin~only one, the Railway Clerks, . requires flelegates to. be members of" the union for at least four

.<

...

.'

•. "_ :~ s •

. .

-." ," '.:

... yeats::"G~nerally·, atJy member' may t:~': i~td~legate'-ifhe h '~~",-

_ activeworker" in the trade or "a member in good, standing" for ',:.:

. 'six months or a year. Some unions, like the Amalgamated Clotb~g '", W orkers, Machinists, ILGWU and' the . Bakery Workers, ha!~' , \.

both requirements. . . , " . ,l,~

.. :7

Union officials are-exempt from the "active work" 'requirement." , ,::~ Where locals have been organized for less than a specified period, ~: )' , the membership requirement, is, proportionately relaxed. Workers who hav', a special temporary membership status are not eligible

for, selection as delegates. ' , " .

" ~ .

1

fl ~;

. . .

How Often Conventions Meet

~E CIVIL rights of union members are 'violated when con- . . ventions are not called for long periods of time. But onJy a .. . ~·handful of unions have been guilty on this ,score. Most unions, . in fact, have taken. positive action to make sure conventions will

" be called' at regular intervals.' ..

Out of 38 union constitutions examin~d, 10 require conventio~~., ~.~.,~~: every year; 13 every two years; five every three years; > six every ~ ,

four years; and two every five years. ': . . i "

• ' "I '. ) . to· . "

Among unio~reqUiring .. conventions every year are the Hosiery

Workers,. ~ut . orkers, Smelter Workers, Shipbuilding Wor~ ...

, ers, MUSICIans and Teachers .: The 1eamsters and the Bakery' ',,~';

w: orkers require a convention every five years. ~ . .

~ . C! -, .:" :.

At the other extreme, the Tobacco -Workers, until its recent: ' reorganization, could not .hold a 'convention at all unless. it· was .. requestedby a 2/3 referendum. vote of the memb~~

_ ..

In the Letter Carriers and the .Sleeping Car Port~rs·c6nventions ,,'; ~r!!' scheduled biennially; qut the, international officers have the :,,:;' , "power topostpone them. Inthe .Mine Workers, the State; County." , and Munkipal"Workers, the Molders, and the Pattern Make~$"·::.:;, ." the members can delay conventions by, referendum vote, butthis ".~ .

. power is rarely. exercised. ., i' •. -' " ,','

; -If.'.some urgent question arises between conventions,' spedal':_-:;; meetings can be <ailed, in most unions. This is done eii':her.:by~th~(.': executive board, by referendum vote initiated by local . Unions,:' ,

: and in a 'few, cases Solely by vote of the membership. , " .' 1 " '~:. ',::::,--

"

"

, '

.

49

..

.. '.'

5 t

-- BASIC TO the - problem of trade union democraoy is how de-

_ cisions on policy are reached. Here the l~llowing tests are

_ valid.. (1) whether members have a genuine; opportunity to take part in the formulation ,of major decisions; (2)wfiether opposition groups have" a .real chance to present their case; .3) whether officers are strictl y accountable for their work in carrying out policy decisions and are required to submit fullreports to the membership; (4) whetherthe chief executive -.officers are tested by open

. and honest elections' at regular intervals.

..

. -

There is not enough material to apply these criteriato Ameri-

- ",- can trade unionism as a whole. Whgt follows here applies chiefly

- _: to national labor- organizations, and merely contains some clues

. as to what the overall picture may be. _ fJ.

~ ~

National Union Elections -

" CURRENTp~ctite in ~8 _ national- labor organizations \yas~ ex-

_ _ - . arnined, Jt,~ was found that in the great majority of cases-

- .; ~.- " officers are elected by convention delegates. Only eig~t unions '- elect officers by membership referndum vote: the Musicians,tlie .

Mine Workers,' the Shoe Workers, the Bakery Workers:thl ~

,~ Tobacco WorkerS, the Maritime ~orkers) 'the Newspaper Guild _ __ ;_ and the-Machinists, In four Unions the membership' votes for' candidates no~' ated by convention delegates: the Amalgamated , Clothing' Work rs, the Longshoremen' s and Wareh~~usemen' s, -

the Smelter Wor ers and the Brewery Workers. _

r~ ~

, - -

- Terms of office range from one to five years, but in most cases

terms are for two years or less, 1" "

.. Generally.qualifications for holding union office are-union mem .. bership from six mo~ths t~· ~ve y~ars, an' erhp!~yme~t :eCor~ in the trade, and American cltlzenslup or declaration or mtennon.

- Few. UDiorls have qualifications for offi.ce which are ae1i~it~ly _

- discrimin-atory. Out of 38 constitutions examined, .only one. con-

talned ~ discriminatory clause. In the 4uto Workers union ao -.; .,candidate for-office may belong to any organization declared illegal, -

In tb~ ~ nited St~tes.;tbrough constitutional procedure. - - _!: _;'_

• ~ ~ .~,: .- < 0 •

. -

-50

.' :.

celecti()~s ~ are'h~ld .. . •. ..... . ··~~~giltes,: . ,~u.J~U.J;:'

'_ '~\".~ freet'to nominate from the, floor. ~hete· elections"';u;e

.. ' refti;tetldlim vot.e,nqmibationS"Qre usually mailed into the: t1at'o~:1tJ.

office; a' certain 'number ofsupporting members are required

each nO~~'1 . , .. ,.'. ~' ... : ..

The Advantage of, the Ins ,

• Q

, , ,

, .' T~ RIGHT to' nominate ~iv~didates thu5'e,xi4ts in uniori~,,~· .

, but delegates-and members do pot always avail themselves of

,. this right. Inmost na~ional unions administration candidates .are,

, · usuallyunopposed. ' '.

-

,

, ' '.,' " ., ";; . ,.

An examination of 18 ~ohs 'sh~wed, thai, in most elections the incwnbent candidates for president 'and secretary-treasurerare. unopposed. In one union-ethe AmalgamatedClothing Workei$ .. , , -~er~ have been no nV,at candidate~ce ili.~ for~~t~n of the" .•. uruon UI 1914; In the 1 eamsters union, Daruel TobID has been" . chosen president unanimously at every electio~sihce' 1 ~07: ,', .'~'

,;.

, , In the Letter, ~~ers the presidency was frequently contested~';'~' during the first fifteen years of the-union's existence. ,Sinceth't:n.·" rival, candidates have ,~een named only <juring' four electio~s."F(jr,

" "the office of ,secre~ary,rivalcandidates werenominated on only~>:'

, two Occasions since the union was founded in ,i890. " '

In the United Mine Workers, the offices of president and sec:, retary-treasurer were hotly contested between 19080 'ahd '192~ and the vote.was sometimes close> Since 1928, John' L.LewishaS: been president and Thomas ]:";Kennedy, secretary-treasur~r"un-' opposed, Co!!_tests fpr office have ~so been' rare in the Electt~ , ,

Workers. and the Brewery Work~rs. -. ' , ;

W # i1 #,:;_- ,l'

,In the. ILGWU,~on contests have been .frequeri,t dw:fu8·~. the p'ast, fortY rears; but since he became presi?e~t in 1932 Da,,:~d>

• Dubinsky has been unopposed, ' 4', .'.' "',' _',)" •.•.......

-- l " ',;~,,!,"

", In the Typographical Union, the Smelter Worker&'cand LA' 'J'b ............. ""'.,. e trical" and Radio Workers national offices have ~ hotly conlteS1reCl~\i

,.

... .

. , , ~

How Unio.ns Vote

GENERALLY in n~tion~ union elections the convention d~le~ , . gates vote by secret ballot for the .candidate of their choice. "'~In uncontested elections, however', a unanimo~s .voi~ vote is

, "

necessary.'

~!;o~

to, t,

"

~!

• 1-'w-.

~.

The method of selecting tellers varies. In certain unions the president appoints the tellers. This is so. in the ILGWU, the Teamsters, the 'Fur Workers, the Hod: Carriers, the Operating Engineers, the Railways Clerks; the Bricklayers .

\t '

,In the Printing Pressmen' s union the president, ,se,,:etarytreasurer and one member appointed by thepresident ace delegated to count the 'votes, presumably even When the, two officers ..... , are running for re-election. Maqy unions, however, have pro- '

'visions for avoiding ,irregularities or fraud, in the selection of , tellers.. Tellers are elected iri/the Amalgamated Clothing Workers, the Mine Workers, the Carpenters and the Actors u;pion.Ia the National Maritime Union votesare counted by the. Honest , Ballot Association of N~_ York City. In the Smelter- Watkers

Union.i the secretary-treasurer counts votes in the presence of a

.notary public. ,In the Machinists, opposing candidates select two tellers who choose a third. In the Musicians union, the IL'GWU, and th1El~ctrisal\ Workers OUldid~tes may be prese?twhen the

votes cn-e counted. , ' ,', '

"

,

~.:- .~

;~. _. .

. '

• e

!;' .",.

Tenure of OJDce

~!. '~. •.

, UNION DEMOCRACY may be, gauged -by. the turnover among_ ,... ,: . . . . union officials, though long tenure may simply reSect approval .

, ~ the membership. ,'" _, ,..,' '

,'"

A study of 22 national unions co~~ing the. period from ,1920 to" 1941 reveals that in four the same "president was in office; in ' five, two pre_dents held office; in eleven, there were.three orfour presidents; inone. (the Electrical Workers), there were fivepresi- , dents; and in one [The.Teacbers Union) there ~ere six. l'

1

/.

/'

, . In s~me of the 22' unions,'tenuteo{ofijce' extended~~llf?eyonJ· · the 21 .year period studies; The president of the' Carpenters has ", '. held office fo~ 26 years; the presidents of the T eamsters 'and Prmt " . ing Pressmen tor 3'4 yea.r~ each; the president of the MusiciaJ?~ in office before the present incumbent was chief executive for 4'1 years.

_- ... ~ ... -. _' ... ,"

Tenure among' national secretaries shows, the same p4tt~rn. ,;

In the Smelter union. there have" been six secretaries since' 1928/-., But thesame man 'held this office for 38 years in the Carpenters' .

and 30 years' in the Printing Pre~smen.' '< ~ .'

. ..

' ..

Freedom of Speech 7,

A PREVlOllS SECTION' of this report considered problems con ... ··

, neeted with the right of members to. oppose officialpolicy,

to criticise national officers and to appeal to the members & th~iJ; . delegates' for support. But 'the right of free speech in unions

requires further consideration. . I " •. '.

, ,

, Union 'Constitutions rarely' q;ntain' affirmative provisions safe.' . guarding the' right Q£ free speech. ,there is no union Bill . ~f . 'Rights. Ysually the constitutions specify the con4,itionsund~ .

. which criticism".' and opposition will not. be tolerated; Of~ they,·" . I a]50 ,CO?tain a. vaguely wor~~d cla~e. ~qi~ 'officials can, apply·f,/. to a wide v~.rlety of opposmon activIties. frequently membet~~/,; ~e. not sure just how far they can go in criticising their leaders. ,'::.

On the other hand, union constitutjpns sometimes prQti~e W4YJ\

. for. suspending or recalling officers. Where such actiOQ: is posw;:"','i sible, the initiating petition must. contain the names of a certaln-.: . number' of . members: and .generally -the issue must be patto " . referendum vote. Out, of 38 constitutions exaQlined.,14 have pro;;' visions of this sort, but available information fails" to 'show tluif .' any national officers have been ousted by this means:·.·

Union Publications,· ,

. . -,. . . ,', . '. . . ; .. :.

S~~ous mFFI<;,uLnE~c~"bemade for opposition;~roups seek-: , . mg to .presetl,t their VIews to the members or theu delegate, •. : Aside from the. use of disciplinary and - expulsion powers, th~: administration cansometimes close all effective means o£ com .. o

~6ia<tOciitics.:1t " ~ _ ~ ",,,

. .: .......... - t '"

. , ,

. . . {

" In some \lOions' main" channel of ~nrnlllntlcatJtoq1StI:tee.)JIijWUll·

'. : J?Um~. If its columns. at! Cl~sed to 'oppo~~tion' view,s;, tftt:tGS:ll4;l7.B little chance-of presenting their-case ~ectlvelyto .emeJ~~tSb.i~c,

.. ,', '. I

" "

"

- _-. ,~, ' ,~

• .' ~I ~Cootrol of the Poliq .of union i>ubU~ations is generally dele- "','

· .gated to the natienal executive hoard. whl~sually appoints the . ·'r · editor. This is so'in the ILGWU, the Electrlcal and Radio Work- , .' .

;' ers, and the Office andProf~~s!on~l jW orkers .. 'SOmetimes the edt.:· . ':' j tor is elected at conventions as in the- National ':I«~itiine,JUnion, ', '. :' .' .... u : ,

Transport-Workers and Machinists. ~ut even under.thesecircum- .,

'~tances, the editor is subject to control-by the internationaloflicers.',

· ,

. .-:: In 'some unions editing the union journal is attached to.,~e,_./. 'pffice of the president or' the secretary-treasurer. !"his is .soin1:f1e,<,·/< { . PatternMakers, the Conductors, the Tobacco Wotkers,th~Meat' . 4;' ........ ' C~tt:ra,·th,eBak~ry Wor~rs, the Railway Clerks ~~Le~i .

,': ..Carrlers. ' '.. . .. .' .

. ' .' . . . . '. ' ., .' .. ~ ,

r ~ \;..._ .... .." ... '. • _

'; .. '_, -':Some union constitutions protect the'ti~ht o£members'to~r~~:-', ,_' /?pp'o~ition vieW_S'in the official paper. ~£ the edit~ of th~ ~a~in.

_Jists '. Journal rejects any-matter submitted .by a lo~,Jlluon"he'... .~. ; .. : .:,muSt explain hisreasons by letter.' If the editor, of the Tol>acqt.:.<·; · ',Workers journal, who is~so the'unio~"presid~tj..'tejeCtsa COJli~.» j ... , mWltcation from members, .the member mayappeal tothe.~~.'·'\ ; .. ~

tiVeboard.: '" "'. '. . . . '. .' r.. ..... ,'.. 1

. .. -, - • " 1" --~. j .- ~

~ ~ . ~

.~ , TPe. tonsHtutionoi the Mute, .xm 'and. Sm~lte!rWotb~·\·~".,,!··~:, ~ ... , ~lic#ly provides' that the union .journ~· shall . beopen,Jo;~~r-~~.::·";;~i~ ~ -; cers and members .t£or thediscussion of .socia,l·~aits,ina~E~:·:'·'·;~·2 '.1

. ··v''-:·'tri economie and political. questions.or any other q~estions~.J.~{ .. ~.:,,·.:~, j

.:;. taiokt the interest oftbe working claS$."The·Mold~s.c9t.tSti~:}/~';, .. ·

.~.··~~tion; on 1 e other hand, is ambiguous; ~t piovidtsthat th~uQ,i9ii :,;~/I;' · .·pa~r shall-be open to all s,hades_ of thoughton'poHtical" .~: ... ifM· . ' .. ::~d economic queStions,~"provided that theseare'netofa per~';';<:~:,(

.~~r a' partisan political It . ~ ,.~ ,~?,w~:~'r}.

r' .- _ • _ •• -il _, _ ~ .~ .. _-_

. ,

':;:'. 'in practice union papers rare!y rr>"'r~ ....

;.': .r'lJiciAI family or its policies. "The vpc)gr~Lpn;lau

.' . ~ons pu~lis~ op~sition views .oJl_. ta·nt'·~le.S;

· . cas~ criticistn is limited tb nllnoE-matwrs .. 'On Ul11;X>lltall1~~lu~tor

;,.) .

,_.:/_. . ':i; . .' . l _iii. ;: :_ .> ..» _.- . '.

.. . ':As~a:r~~lt()£ this . s~tUation, oppo.sitlon groups ~er.o£ten ~"'&&A."'.'

'.1, :.'~: 'pelledto .issue pr,inted rila~er ofthe4'. own. This inyolvesa 'J;;J.~~',;.,;., . ' .. . deal 'of 6rg~tcloil~·work and expense. It ~S{)' 'tisks ....... "' ............ a'"

''"i, . . ,'~' Union; rules an~:Lr~gUratioQS. #. '

" .: .~_ ~ - . '. I: ' .;'

/'

// ~. . ; '~,C01tVet1ti~ Dc;bata

~ •• ;;.-/:.~.: .' I ., i" '. - • . I , ~;", .; .'

,>:'.',. TiDvHA:r ,extentcan.oppOsiti(~)O B:roup~ ·pr~~tt:heii'\'iew,s.t~·,

.' .I,t\l~~~tu:e men,tbetshtp at co~venti~ns.? . .: .' . . ',~'

:. _- "" ';_, ' •. - • .. ;. '1' -; ','. " ~~ .~ 'It • '.' _''_ 1, -" .: (_. t" ~~. '.,' :].', '-,.-

. ..'. ,;:,o,n this point, the proceedlngs of·.n£tee1.l' unions~were .·elC~,mule~l

-, .. :'., <;4vetiilg' It petioclo£ tw~ty yeats .. Innearly aIl~ib.~. die.,·

'·'.,S!dingo$cetof the~conve'ttion··.1:~l~'for4iscussion' .' ". . .' , ... ': •. ~ ~ports.~d· tile policies~~~ey. propQ$e.:But convention, ... t '. omrn.tttee~[, .:_: #e;.generaJJ,yappOinted by the grouJr.alieady in power •

. '.' '. t . j.. '. - " '.

t .'" " ': '. 4 ." • ~ •

. . ·;:;i£..~·~olJUil1tt~ecOn~ludesthatap#)posal should :not be. b.J ~"(j' 'l'U'j tnt), ',_,: ·.:,.~,.lip.J#l;'thec6~v~tionflQOr, :·d~legktesmay bring it ,to'·the·· I.' "j ttal:';:;~< "'. . .;~tjQl).;, o(~thecanv~~on directJ}'~"But ~this·p'ro.~dure.is'· . ':;<;' ':~~9w~~~'lti a ~olftlketh~ypographica..l:every:· •.. '. . '$1;' lbmilft..~j

',~' ·.;',)qA':CQ~.tpitteeJs.'pr~s~. ~ed'to·tbe·h,atiQ~al~((· )l1V'C ~ntt~()n:;

.·",.<J.~~·tPe::Cap:pentetS, ·G .. venti9n:co~ittees have . :. . ' .'

,:' :.:~: .,i;.4~tr~qn;!fljs :scor-e;-Itt'Jilost- U1liotis, ~o~ttees V{QuId .'. ..' "

:~ ;.:~:\::·'he$~~:tO~"pigeOi4loleptop9s~s: in>which.· convention· ." .

r,i,;;Z~r~~r~r~~"tI .. ... • ' .... '.': '."

1~~1::L:·;:,:\hAts.Ome:con'v¢ntionS,·, debate isc.vigoroUs and' .' . ". (~'.t;'~r::./,;"·~··~ .' ..... '.' •. ' ··'}nus:'lsn~bly.,o w&en'cthetn. ~.l~ ~.t4$

.' . . ·:new.<.~ntriicts.:' Conside!~lei: 8i$CtlSsioti~'J1J. [SQ::'~(:om~~:

,P,MUes: 1)t<lIDO~re'~ ct·! changeS in: pOlicf.ihvo1N~g:due~ia·· . .....•.. '.'

;';<;§;'HE9.~lg,;~.~lp~lgnl' '~a, d~ease inthe ... autonQ-*-Y:Ol fl~al.or: c:ttsttlC

~ _. • '. ," '> :" ' "- to

:' ...... 1·', _ ;,&'.>' ~.~ -J' ..... ";" ....

. -' ..

. '

especuuw.·:tiu~ ~iHl~' ~~\v~r' Uni6ns.-ih~~::·'aJr!if· "I"a1t~'~JU~;i . :4~t~:w:o~~~!$,.P~nt·':fof·e.la·· .'lIl .' · [lPIC~':!

. .. .''':$j~;';. j, ,"

. - .:;:". h

!~7~t~l!~~~~~F?1~~~~~;Yf"~~1rN1~!:ff;.~~~y*~~!r;.~~~~J:21~~~~~~~,C;<-"_"!'j"'"

><.~ . ~.'\ ,_

" '-' ~, ';,',

been marked by outspoken criticism, sharply divided opinion and , '

serious threats to the existing leadership. Shortly after this union

'was founded ~,1935,;there was a sharp struggle ~etween ~,es!dent e Homer Martin s group and the group supportmg certain 'executive, board members, Martin and his followers left the union in . 1939 to start a rival organization and R. r Thomas became, pres i-

- dent of the Auto Workers. Bat c-onvention, discussions continued

, to be full, free and often bitter. At the_1942 Chicago convention the delegates yo ted down an administration proposal to raise dues' from a- dollar to $1.50 a moo-tho There was prolonged debate ov.er

~a' motion to raise the president's salary-from $5,500 to $10,000 a 'year with comparable increases for other officers. 4- compromise was worked out reducing each proposed new 'salary by $1,000. The 1,700 delegates approved the increases by a marginof.about 500, votes. Another time, the delegates voted down a mild resolution by .the -administration calling on the entire industry to join the union in giving up double pay forSunday work; they kept up 'their insistence until a stronger resolutiori was presented.

, -

Delegates' to Smelter Workers' conventions' have been-equally . 'free inopposing official policies. At the 1941 convention they refused to reinstate the editor of the union paper appointed by the

. president and fired by the executive board. They also voted down

21,0 to 83 thepresident' s request to appoint organizers outside the &.

union's ranks. o.

In long established unions delegates seem less ready to oppose official policies. Even in the Typographical Union, where debate is full and criticism pointed, committee repg.rts are rarely reversed. The same situation prevails in other old unions like the Hosiery Workers and the Machinists.

-

\ ,. .In older unions important differences of opinion arenot gen-

erally expressed on the cogventiop. floor unless serious centro-

~ versies have arisen between administrative officers and the executive board or between members of the board itself. When there is this kind-of split ill the official. family, both sides may have s~f": fidentpower to risk open debate on the convention floor., ~,

t-

"-_'

, ,

This was so at the ILGWU conventions betweentsz-t and 1932

"

"'~7-'<-"'·-~ ---_,-,;,~ -

" .... 1t .. An~ the ,Left aJ1de~h't wings-both had considerable' support '-,':,'

~'~A£J". tile members. So too, following the 'death of the i president .• ' .

, of . . Engineers some tWenty years ago, there was a'

sharp. at the 1920 'corivention for every office. Within

the' Flint Workers Union opposition has recently been active'

because the . have been unable to cope with changing

'conditions within industry and to curb th'e~e of non-union,

production.

, .'

.' Debate at these conventions is usually on minor issues. Important, problems are sometimes discussed; out major proposals presented bythe officials- are rarely voted -down. At the 1941 convention of the Operative Plasterers, for instance, a resolution was .presented giVing the president sweeping powers to>' suspend or ex'; pel an~ officer or member forproper cause subject to approval by the executive board and appeal .to the next regular convention. Proper cause WS-$. defined to include, among' other things; undermining the working niles, wages and conditions of the, members . of any local; printing or distributing literature dealing with 'Union . matters without.first obtaining permission from the national presi- .~. dent; and all other activities violating sound ,union principles. The .. ' delegates voiced considerable opposition to this resolution but when ~e votewas takenthey a:ppro,-:~~ it.

, By and large, however, seriouscriticism of the administration

is rare at the conventions of most" long established unions, Little 'or no expression of opposition views marked recent conventions . of the Carpenters, Musicians, Amalgamated Clothing 'Workers"

. Operative Plasterers, Operating Engineers and other unions.", .

~ , .

Lack of·· vigorous opposition at zaost conventions of theolder unions may reflect two things: general apathy among the members :."!., or general approval of the way officials are running the union. But '~ ......•.. ' .

it also raises two questionshasic to trade union democracy. A..re<t':!'"

. opp<>,sition groups afraid to VOi.ce. ~~ificism? Is the expression' of' ~~' .

opinion controlled by a small group 1l'1 ~w~r?, _. . .

... . - ,. D.'

. Top union officials are in a 'pOsition to impose seriouspenalties .. ' . u~any group openly QP~sing .them, These. ~ange £r()tn~s. .> ~crurunatory trea~ent of gne,:ances to suspensIon or ~xpulslpn .

... ...,-~. ~ . _ 9,. ';~ ._-, .~ ."'~ _ ~ e ~. . ,

.~ " .57 u' ".;

Whether or not such .tactics are used, it is ~v~ble fr~Dl~(civil

liberties standpoint to establish appropriate safeguards. i •

, Reports to Members

, ANOTHER TEST of trade union democracy is the report of. officers to the.membership, Unions fulfill one of their most important obligations to their members when they require full and complete, accounting of funds, detailed r~ports of the activities of organ, izers, business agents" regional, district and national officers. This basic obligation is violated where .reporting is incomplete, mis-

leading or sporadic ' . . . . .

. . ,

*:

~i" _

~~ . >lc

'j" . . ~.

~~ .. ~ . The national president's report to the membership usually coni. " .

f.]: sists of a general review'ofthe administration's work and, achieve-

t . ments since the preceding convention. This report is thenreferred

?:~ to the' appropriate convention committee. After the committee

~:? approves it,the. convention votes to accept or -reject it, So fat is

~~. the authors know no convention has, ever rejected a 'presideneial

l :~;;f p~~b:~lr~!;:Ov,:~~n:tu~~~~r~f ~;:l~er:::u~:;;' .,'

~;. . among local unions well before national conventions, so that dele-

~,:; gates would have a chance to digest them. '.' .. .. '.

., . . ... -Furthermore, many unions take no steps to insure thatofficers'

. . repOrts shall be accurate, detailed and comprehensible, Theha- .

- " tional president.rarelyreviews, point by point, the steps which the r ..•... c~previous convention had ordered him to ·~e.Local groupsot

. ". delegates are rarely shown in detailhow-nstienal-representatises

.' . . in their region have carried out. particular responsibilities. - ~i •

_, ~_' ·i.~~- ~:-'--'.

. ~ . .'

Often the reports of national officers are no more thaJla reVie~,., .

;, '~:<,~. .

• ~_;: I

In most unions the president, secretary-treasurer and otheF·ptitl·

, cipalofficers submit regular reports to. the' national convention and between conventions to the executive board. Some unions require that between conventions financial reports be made available to. the. membership immediately; but the usual pt,actice is to require publication of convention reports only. . . .

58

,_. .

. of .past achievements; Convention committees in charge of v8.fio~ reports add little more. In unions like the Brewery Workers, Meat' Cutters, Bricklayers, Maritime Workers, Longshoremen's Association, Transport Workers and many others, little can be .gleaaed from the president's report as to bow he actually. discharges the. responsibilities of his office. More detailed and illuminating are presidential reports at recent conventions of the Mine w: orkers.; Amalgamated Clothing ,Workers,. ILGWU, Railway Cletks aad ' most of the printing trades unions. The most careful and complete"

reports are in the Typographical Union.. -

Financial Reports

}

..-' "

CURRENT UNION practice regarding financial reports and audit- - ' ,-:.

, ing varies widely. In most unions the executive bo~d is ree', " , sponsible for all union property including funds. Sometimes the . board must authorize every expenditure. This is so, for. example; in the Federation of Government Employees and the-Amalgamated Clothing Workers. More' frequently, the board is merely required to audit the "secretary-treasurer's books periodically. This 1SS0 in the Brewery ~orkers, the State, County andMunicipal Employees, . the' Smelter 'Workers, the Transport Workers, the ILGWU and,

the Auto Workers. '

I . . I' . '.

In severalunions a board of trustees, elected like other national officers, acts as custodian of funds. This is the _ case in unions like the Textile Workers, Electtical and Radio Workers, Railroad . - . Trainmen, Conductors, Railway Clerks 'and Molders. Some unions: .. require trustee~ toreport ~t. re~la.r inte~als to the e;xecutivebO~rd, _ . or the convention.Tn addition, a few 14l10ns, such as the tlectrlcal,

~ and" Radio Wo(kers 'and the. Textile Workers, require peri()dic-. ,audits by a' certified public accountant. _ ' -,. , .• ~:':' ", .'

- Certain unions .require that, quarterly or semi-annual reports be, \ . distributed to the locals. Such unions include .. the Automobile, Workers, lviafine Workers, Transport Workers; Mi:ne, Wot:kets ~ andLongshoremen' 5 Association. ' ,

- " ., '

..h! th~ Transport Workers, the executive board ·may purchase,., .

- ...... ,'. .

59

pfopenv with union funds only with the approval of a majority

of the :nemp:rs votll1g in a referendum. '

Exarmnanon Of financial statements in fifteen unions shows 5:-2.:::'4#g contr asts. Organizations like the ILGWU, Hpsiery ,Worke:-s Ste-e, \\r,xke.r-s and Tvpographical Union issues detailed state::l:en~ These show the receipts and disbursements ot ~ll local

'Y:)(H~ <4'1,:: all benet t funds, A member in any ILGWU local can easi.v oisccver lust how much money his local received 'during :l:ie vear. :1,,:',,, much H turned over to the national office, joint boards ~~": .::~p.!.~e~ts. and how: much it spent .for administrative, orfa.."l23::}:)1;;L an2 relref purposes. On 'this score, standards among :,,:-,'5: ",,:.J"::'r;,s .:-: ;~~ ?r:ntlng trades are also very high.

"

Ct::ne: :".E..:1C>:";.a.. crnons. however t are extremely lax. The, last ::~.;.:; . ..:.:.a,. s:a:emer:: of the Hod Carriers' V nion covered the 3D-year ?=f::::,,:: ::-::m: .~;~: to ~ 941, It simply gave overall totals of monthly ~~..::e1?~S ;c.iex~d.rtu:es for each year. The 1400 delegates at the ~ '::'4: <::)!';ve:J.:.lOC tried to get a more complete accounting but failed. :.. .. ~..ico.s .ike :he Enziceers and Plasterers have more detailed re::-:::;S S';_: ~ :"'1ese arehardlv m~ illuminating .

. Dues and Initiation Fees

o ~'-:-)F ~ S uruon constitutions examined, eleven .specify the

. a.:TI\)W1: of dues locals may charge. Thirteen specify only the

m1!1,L.~:.lID amount WIth no hint of a maximum limit. In fourteen>' :here L5 no constitutional requirernentof a.ny_'kind. -Most unions in the' first group charge monthly dues of$1.0Q. Two go as high as rwo dollars and the Pattern Makers $2.35. For' special groups of workers in highly paid trades the dues are even higher, but

. these areexcepDons In the second group 0.£ unions, the minimum called for by the constitution is $1.00 a month.

~. .

" .'

, Initiation fees follow a similar patterrL. Of the 38 union con.... stiturions examined, 1 7 specify the in iuation fee which locals may

.~; ten set a minimum amount and-eleven ignore ,the question.

In thefust groups, fees range from $1.00 to sro.ootn the Tobacco, Textile, Hosiery, Newspaper, Mine Workers and the.Amalgamated Clothing Wodrers. In the second group, the minimum initiation

60

,",

\ .'".

,,:, "/"-i "":';4.;"".;;:i~,~>'.~}\i.::{h'i.":''''~i~~)J;f~;~:;j1{;~~}~~

fee ranges from '$1.00 in the Government Employees to $10~OOin ' the Longshoremen's Association. " ' ,

Where d~es and initiation fees are set by the =&-onst~tution, changes usually 'require 'approval by the membership or action by

the national convention. '

As a .ru ~e) there are also checks on levying specialassessments.

Out of 54 constitutions examined, only eight allow the executive

, bOar~ to levy any assessments it sees fit and for any purpose. These include the Boot and Shoe Workers, Marine Workers, Hatters, Maintenance of Way Employees and Mine Workers: The president of the Trainmen's. union, acting with the secretary-treasurer and trustees, has similar sweeping powers. At th.6 other extreme. the Maritime union's constitution provides that "there shallbe 'no assessments of any description." Eight other unions=-induding the Hosiery Worke~s, Machinists, Transport Workers, Pattern Makers and Electrical and RadioWorkers-> require approval of the con- '

vention or a referendum vote. ' '

, ~

Where dues), initiation fees and special, assessments are de-. termined 'by the national organization, two safeguards are necessary against vio~ns of individual liberties and the rights of local . groups: the- national convention/must approve such financial actions and it must be truly representative of the membership. '

, '

Wli~re these conditions prevail, national control of finances gives better protection to the individual members than local control. A' curb is placed on dictatorial tendencies among local union business '

~ ~ ~

agents, managers and executive officers. Some of the most notorious ,

cases of financial exploitation have occurred in local unions with· considerable autonomy .. Propernational standards tend to check local ~ssism. Where na~i~nal' Ieadership it§elf is corrupt, _.o~~~~'/ remedies are necessary.' , ' " i"", ';:.

C',.' ' Negotiation of Contracts ' ..

-_ . \.

IN CON_SIDERING control ove~ contract negotiations,. the m~~n ~rob- { .. ,, lem IS how much authority should be vested I m thee, national .' , officers" the national convention and the local or district organiza- ' ,

.' I '

nons,

, .'

. Many aspects of collective bargaining Involve technical, com, .~ ,1' plica ted economic problems requiring quick action based btl a broad . _ understanding, of industri~l problems. Delegates to national conventions or the membership atlarge are hardly in a position to

", determine matters of this kind. As a rule, unions are more successful in meeting technological and market changes when the officers' are allowed to negotiate agreements without rank, 'and file ratlfica- . {ion, subject to general .directive by the membership, as indicated in the following section on ("Minimum Standards."

The Cigarmakers are a good example of what happens when thisruleis disregarded. Despite 'appeals from the national officers, a referendum of Cigarmakers voted against new methods of-rnachine production. As a result, membership fell from 44,43f in 1912 to 7,000 in 1924. The glass bottle blowers, flint glass workers and hosiery workers have done much better by granting na-

~ tional officers broad authority to make final settlements. 'jI

, "»: ' ..,

. Similar considerations apply to demands for greater local" or district autonomy. Local issues often have national significance.' If locals or districts, were free to organize and call strikes or 'sign contracts on their own authority, the interests of the-workers and of the, union would be greatly jeopardized, Consequences are likely>'

, to be most ;eriousin'industries like coal mining - where . competitive labor costs are-extremely important. Hence the national officers of the Mine Workers have -g~)fle to great lengths to maintain ,uniform wage standards. When necessary they even appoint district officers. Such practices are admittedly undemocratic, but' a safe .. , guard exists if the national conventica- exercises effective control

- over the nitio!l~offiers;~------ , . ", '

In a few unions authority to negotiate and sign cont/acts on' behalf of . locals 'is vested solely in the national officers. The presi-dent of the Electrical Work~rs, for example, has this .power;so ' has the president of the Hod Carriers, but his actionsare subject

to review by the, exe~tiv~ board. ,.' . . . ' ....

. ~

~

1 , I

, _- .~

- . . ..

In ~ Hosiery Workers, authority is vested in. the national executive board, >s~}ect to a referendumvote of the. general membership. In several" oQier unions, the executive board cooperates w{th

•• i~'

loc:il',re¢eseri.ta~~es' during contract. negotiations'; one _ or 1b~e,·{." . Qf its .agents sits in on the negotiating .. committee, The qUlstitu-"" .....•

tion 0.£ the Auto Workers empowers the. board to supervise or

guide and advise. the local during negotiations. " ..:

In most unions contract negotiations are carried on by local or- . ganizations but approval by the .natlonal president or executive board is necessary before contracts are. signed. This 'is ~jQ the . , Maintenance of Way Employees, Textile Workers, Fur Workers,

, Painters, .Aut9 W<1rkers, Longshoremen's Association, Transport __ Workers and many other unions..,

. i: •

Some-nnions require the locals to submit contract proposals for app'r~~ru-by the national executive board before submitting thefO to the employers. Thl~ is so in the Teamsters, Typographical, Priiit-

ing Pressmen and Brewery Workers. .

.Co·ntrary. tO$ener.al practice elsewhere, the joint b~ards or distnct orgamzations 10 the ILGWU and the State, County and. _MunicipalWorkers exercise full authority in contract negotiations.

'" . MinimumStan~./·· :,

~" : =,

'ANOTHBR TYPE of national control ov~local contracts isfouhd '.':

.: in unions ,which prescribe minimunf'standards in ,the,ir laws, "

. \... '.'

'In the Brewery W~rkers' every C(jntta~ must contain' at least',',.

, ' minimum wages and- maximum hours decided by the national con·' . ~ . ,. vention, In addition,' there .areconstitutional clauses affecting over .. ,'.' time. layot;fs, Sunday work" and arbitration. The' printing 'tia:4e ~ , unions also prescribe standards in their constitutions. .1he 'News- , , paper Guild may' suspend without, executive board permission the A

,~. chatter of any local which ~viates from the collective bargaining ~' .. '" program adopted by the convention. The! Shoe, Workersex~.<': 'ecutive board drafts a standardagreementj-afteradoption by refer.'. " ' enduro ~ote of thememb~s'1:his is < binding on all Iocals; d~par,tuIes"'-

ate valid only on executive board approval. '" . "., " ,

~ :~ . "

, "Generally; d.etn~ds are dra~n 'up by iZcontract cotntn\ttee., They are submitted for . discussion to, whatever body hastheau .. :

. ;--.-... _"" -"

. .;

....

-. ··'.vDt''3':1iY't:.''}~;(',r~~,:';'>~r~t~j!:tW~t?~tl~~~?Sf~;~t~~f1r~~~:~:~1~i"'

'''_. .' ,-"_, ,/ .

- /' "

jbority: to a . local' membership meeting.. or to a district or national conventionOnce approved, demands are negotiated with employer spokesmen by the principal union officers involved. The final t~r~s agreed upon are 'usually referred to the members or delegates for,

ratification. .

~ , • -: I

-In unions like the Hosiery Workers, demands are discussed at

'. national conventions, negotiated by the national executive. board. / and approved by referendum vote of the genera} membership. A/// referendum among members affected "is also required by the Newspaper Guild, Shoe W orkersvMarine Workers, longshoremen's ~ Association . and Transport W orker.st O.It fteeryvn' orldng ~m.be.rs of •

the union are included on the negotiatingcommittee. This .makes .

it possible for the membership tohave more complete reporting

on the negotiations and gives the rank and file greater participa-,

tion in dealing with -employers. .

. ,

In the northwestern _paper industry, .fi'egotiations are conducted before a large audience' of rank and file representatives;

. Strikes

.'-to

N~TION~.6RG~NI~TI~S exercise complete or par~l control ~

. of strike actions In vanous ways. , .' ',

-

,At ope extreme is the Musicians Union where the.riational presi- .

dent is empoweredto call sttikes on hisown '<initiative. In. the Printing Pressmen's and. the Shoe-Workers the executive. board Printing Pressmen's and theBoot and <Shoe Workers~e executive: board has similar powers. At the other extreme are unions like the Longshoremen, W arehousemen and the Hod Carders which require only that national officers be notified of a work stoppage.

- ; ,<_ , ." '~, .'. "'. _~"., ': "-, .,~;~., ._:'

J . In' many unions a'sttike~ay be calle~. oilly after a referenquii,,· .. ,. by the: membership of the locals invo1ved; in most cases a two~~'o" " thirds majority is required. General strikes, involving, most orall'. of the membershlp, .~p:n rarely be called' without approval of the..: nltional org~j2~ati m. Suchstrikes may be recommended by the .. executive board .the Maritime Union and the Auto Workers, , but can be calle only after a referendum vote ,of the members." ';~

)o..~,l' .-

'"

Most important strikes, involving new contracts, nationalo» .. .' "',~ , ganizing campaigns' and the like, are voted on, by delegates with.. the understanding that the 'president and. executive board will be free to call the strike wheri and if occasion requires. It-is.customary '. for national officials to use mandates of this kindas part of their. , . bargaining strategy, b~~ it also gives them broad ppwe~' over. ' -their unions. Sometimes an authorization to strike is not acted

upon until months later. By thattime conditions may change sub-

stantially from the time the vote was takem " -

At no point in union ;policy is' theconJi~'ct between democratic . . proc, e,.dur~s~d: A~, • i,strati~e eff«:ivenes. s'" '" r~ acute than. in

. formulating' strike programs. All W110nC9nsti nons should pro-. , ,

c. <-Vtde that strikes cannot be called without prior ~uthorization pf '.,,' the majority of the, members or ~eir delegates. Th'e,.,~ctual execu- .'. •

~. tion ofa strike pro~ust of course ~e en~te~. ~~~ union'.si ':'''' officers. ~wayabuse&·can be avoided 1S to outline In detail .,

the various ,steps wJ:ticll offic~ ~ay, t, ake afte~ .~strike Ill~d~t,e,'/ .-

has been granted and to. requlre ~tr1ct accountmgafter the strike .'

, .Is ended. ' . "., . '~ ',' "~: .. ,~.'>~",<.', '

...._ - . --( ", _',.

,bt' ,

.'

.-----_.--~

65

"I.~'"

~- ..

. .:-

, '

.. '",,' .

~. R)3COMMENDA TIONS,~

" . ", ~tHE GENERAL principles affecting/the civil'rights of the p~~~ ,

'. . .to industrial conflict form the background on which the .rights .:

'; of trade union metnbers are cast .. The democratic principles which apply to these rights ate part of the entire strucnire of relationships between employers' alta workers, and between both and the public. Those principles are now fairly clearly established by

.law and court decisions. .

_. n to issues of civil liberty, the American Civil Liberties

long formulated these democratic principles in industhe following declaration. ,: ''':

...... I'i,&~ o~ Organized W or"e~ ~.

"

1: strike should not be, qujlified or' ~

restrjc_!:edin any ~ay; to ~ .. against their will to con-

tinue working for another is a violation of civil liberty. In

'time of war, trade unions may agree to-forego this right to strike;

but this voluntary agreement in rio ~ay abrogates the b~sic right - ,i to strike. No general limitation should be put on the right to strike by such- "cooling-off" periodsas. tend to defer-to the last possible mo~ent all atteD!pts at agreement and thus often to de-. ).". felt the object of pro~oting early mediation. ~ .. ",_ '1> e,»:

. ~ ..

'. 2. ' The right 'of workers to organiie and select repr~ritatiyes

for collective bargaining £ree-Bo~ coercion' by employers: -should

, be maintained under the protection of federal and state law. .~

. .~.... '. .

3. Injunctions in labor disputes should not be issued to restrain

peaceful'actiVties.' . . - .' .

• ' '1-'-

. ·4. The right to picket peacefully at any time and at 'any -plaee for any purpose ,should be maintained, subject orily to control ,of' , t'~c, order and £r~udqlent signs .

. '5. .Closed shop contracts between' employers and unions in-: ' valve no issue 9£ civil liberties if membership in 'unions i" 'open

. . ,to ur qualified workers. without discrimination. ~ There isa furida_"t

',:::'~ . mental incompatibility i1t tife existence of a closed shop, inyolving , .

, .' ~ - ' a closed union.' No union which -enjoys a closed shop. privUege~;._ "

. ..f. \ ~.

~~d:!hlK) bave~c . r~bt ·tolitnitit$ ~e.rship'·by closbig memberahip rolls, by. prohibitive, or exceseivefees .: arid . dues" by iss~g other than .temp()rary work·periiiitS to non-members .. .:

o 6. The use of anti-t~t laws to prosecute or~~ trade ~nk,n' _

acti~itieS as restraints of trad~ourd be opposed. .' _,

.., . Laws penalizing trade unions which. bar: membership . on .. the ground of race, sex, national origin, religion or political affilia .. "

bon should be supported. .'" ., . .r

- 'I, 8.Pro~~ for compulsory arbitration bf labor disputes should -- .: he opposed, as well as proposals €or c~mpul~ryincorporatioh of' '."

• 0'" qt·

unions. "

>'

-, 9. No restrictions "Should ~ placeq by law on the freedom of.' unions' to contribute funds to political campaigns but-provision. .. . should be made for authorization only by membership vote,· with .

the riglit of the mIDGrity not to be 'aSsessed. :. D - -.'-

, ' .- I·

10.' No legal restraints Should be imposed on the right oj;.. union members who ?are nofAlilericab. citizens to. participate-in,.

union' affairs eqtlally~ witli other _ members. .. .

. - • of' \ .' - ,

..

... . - -

. Rights of. NOD~U.nioD Workers

, . "

11. The r!got of access'to .plantson strike by ~on-wiicm~wor!cers, .' as dlstinA'uisnea from strike-breakers. is primarily a matter of pOlk~;

ing, and should be' protected by ,public agencies .. " _ ' .-

e. 'R~htsof Empl<!lers ~ 12. The fight of employers to freedom of Spe~,(Oncerp:ing unions should be . sustained, except w,hfie their' utterances in .the:

'light'-U£ 'the cir~taoces Under v.:hich they aremadeconst .• ' .

CQerdpt:l against their. employees. . ' <

.. • _ < ~ • _ ·-tt •

_ • _ -- I l • _ :.., _ _ \.--. ;. ,_"_; __ ":,

.< " The. democratic _principles~xp.re~sed in the above ~eclaration,,-

;fe~.eseD.ton fhe. whole the dominant. tendencies. in. puhlic .. ' .' . .' .

laid down by the' courts, the federal government, and -the .'.

-; .~ipal irrdustrial;states. They ·are continually under attack .

~ ~especVot another; .. and legislation to <;lualify them i~ CODSW1UY

.,- , before Congress Of the states. "a " • ~ ..

> _ f _ ~ ,., • ..,. • ~ _+ • '

.

_ f - _.. ,-

67

_]-~ - s; .:-

. '/ . o But the prot~ons whkho~~th~;_ whOle hive'~h" .....................•••......... ' ...•......•.. to labor organizations are sufficiently established to ·justifY~a"4~~. ~<'~' ma,np on trade unions ~tpaf·they,shouId in theit'~internal'affa1i8°,( conform to. the d<!tDo¢ratiC principles of whi91.thfy are in 'other::,' relationships tIre 'Oenefici~ri!!s. Frufhe.cmore, they' .. arespokesmen , '. forworkers, and assudi#tey,at:e iIi c~defensible position in :; ~~.

, .demanc\ing democrllti$,)=tghts.. unless' they unres~ed}.y practice :~_; "

these principles in thel(oYlr(#fairs. . 'C, -', .~. ,' •• ~;.

• ... ..... \: -e- I ~ , • i:;:'·/:~:;1 ..

As this ,sUIVey indicares~, the majority of upjons satis£¥ reason-. - ... able requirements' of: democratic practice, though few are entirely . ,_. . free from a!ti~m ~for lack of it ir\ one. respect' or' another, .Tljea~: .

. chief complaints > by tank and file members concern -lack ef oppor-. 'i .," tunity. for full participation in the', tnnduct 'of a union's. a1f~irS; "'~~': te~clli1g to the ·perpetuationiri··· offi<;e of'~n~rendle4.0~cials;i~e'< dHliCultyof organizing an, oppositlonto the leadership; the lack ,' .. ::.,c of adequate mat:h.i6ery for review of espulsionsand susp~sions; .~ .~, ': the penalties imposedby.varied m~ on critics ofth,elead~rsbip;.\,

'~th~ l~cle?f ~o~tr<?f oy.er.expei;tdltures .. ~~ ~~se¥ment(in.: ~Y,:i:'~}/ ". llQ,lons;cliscrunmatlOfl in assignment to jobs; tV;ldexcl.us~on~ frQ1)l:-,;:,i. .

'membership based onrace, sex or political connecnons.c. . <~,;;..:.:: ~ ;'

~ '. ~ , y",,: • • \ • • '_ • -' :- -,":'7.°. :-- ~

'; . Similar c~~plain~ are doubtless '~~~e by rank a'rid 4ie memb~ts~t~~: ,,\ \ ~ . of other associations; they are in,herent in.the .qa~: of, de~o-.),; ,', .. !,; '. cratic prQCe5s~s ~~ the ~cult ',pomt of balance between lea:derstiip£ :" :,~'/.

, ,and m¢bersqip: The' ide¢,.of/co~rSe! "~' that.leadershipsPflt,ll_c:l·;~--tlt' rfIPresent the majority of members, expressing themsdve.s ~ tegul~t ~.,};;~' .

" freeelections on men' and measures based on access to fuILmfor .. ~)':::~J~jf :

• "_. . . -.. , ..' . • ~ - _.... •. '_ - _ ,- - ,- _._l'~< _':-. -:~ _ '.;

, . mation on union affairs: -and that minorities. shouJdhave·~·tig}jt:'::·"·0}~.·!

." of - fr~ .: ~iti~sm' ~d of opposi~on'; within '~e ~?~, '~O\iE~!),:?~)f:t~ :., . penalties' or interference. No ~eg1s1ation nor-mt,nren~ liytl)..e ... " .~::1 . . .: ·.eoUfts can, gu~anf~e such results; though it can encourage thetn'5" .. ' : .. ~~l

. by affording reVi~ by public authority. of !i61~tions 'of ~embers~ ~" : ::. ,!

, ,~> tights undes ljDiOll cot1stituPc1tis.,'. ' , . - ~ - ~;c <; :

- ~ -.,., • ~ ~ # • t '\, "II .... • '. • .. ' '\~' ~ ~ 4 ._.~ .: . .-'~--:,\:::~ ~,~

• '. ' 0' A "~iU Qf ~~"fot. ~ni~~e.nber:' ,',;;:.:;c;e:f{

" 'The: encouragement ,0£ d~mocratic jstaQ.dards··~ uhiins ,shouJa'·;*)~;~:~ ~;

. ·,;;·.be the obligation of.tile .labor movemenr #selfi~a.·eveLY . .' .... .......•... ' -. •

··:'·'.g.Wressure shouldbe exerted from wi~' and, without ". '. . .....

.... . . .. . I.

'" .. '

. i ."68

, y-. .

.'

... , --."

.. ~- -

fi ..

..

. 1.. ~ . ..: . .: '.- " .

',L Mea;ibe.tship. inatrade union'apprOpt#ate to his, pade:~).

r , ;,~ling,and to bis place of residence, ' ~s tight, As notto ~'deni#:~ , .' ,,(l}'bydiSc~inatiOn$ based uponrace, ot~d;colO,r;~eX;na~opat:"

. ~f:i8~,~r pol~ti~l: affil:iation. nor (2) by the itnP9si~ionrestdc"', " ~t~x~~sl~e~tia¥on f.ee.s,:oor ~~.), ~f-'any !;>tb~r~ .", , '()n~m:~ersbip than mcompetensem bis, trade or callmg,., " " ,

, ~9{a,1~~at~er ,ota record of ~ti-uniqi" acti\tity.' ; , ~ ,.... 'il;,;'<~

l :.- .. -,:.;~ , . , ',", .' ... .~ , -' .. : '.' '. _ " -.: ; ;.j .

, ,';"~>_';DeIllQg~ticparticipation jri ,th~~o~duCt' -of' the 'unioiiO,tCJ:: '

,wli~dfbe,l.l~l~ngs~This rigbtobvious~y'requ.itesdem~ratic oigati~·;:·,

, izationjof,the w.Uon, mcipsive of loCal, ,disttict,st~te,- national'

. " ~d:int~n~tional units: ,~ong' ~e pt.inciples:'t~·f be -5u:el!lW(lea: ,,' ", >~:9emocratic or8aQiza.tio4:()fu.~deUn~ons' ar,e (a): P,fO'Vi$iIOtl'$;' '.i . -: fo~, te~~ ~s' or ICQnveQtiol'ls' he~(ra~ Jeasona~le -, ~<b}":f~, electj.oris, (c) ,free msQ,1$sion"w~' the ~ion. , ,', ,~~~~dn pr~blems~. and '·(d)_-Con~ol 9£ dues, ~essm~t~, aqd hlt~LtW;';

,-' - all·~tters by, the snembeJ"ship, -togpther with,clear and. autJl1en:tiC';.~

'<>;. ".p'e#~di<:, teports . to ,,!n@lberS. on .pil:~Qnfin~~.: ' ',' '

.~: i,~' 'ProtectiOnwitlii(l~his'· bruon- agalnstarhitrary I5ro~:fitilfs·:-'7

-;,' ~f'i}f;'~qPclin~: Char~~e~f ·~o .. ~' gu~~t~4 ,:~r : = ,"',,) stftt""WOtiiUJ

-. ' PtOv~10ns,.£ot fatr heatnlgs beforepersons,C)ther thantltQsebtU]Qt~?

":.'~', ~ing~,ch~g~aQd;wi9t;a~~,tO"a,~ep#atean:~fin~~pendent,.. '

. :~.-;:-'4:' Fait,·~d"eShaLtre~tm~~wjtii 1~~~ tojobplac~~~t!!', .' .' ;:'~'; :al~'~des !lh~re the ~on e~~rtises cotlUpl ovet employmeh~~ ,!~",}

',~' .. ,:,., .,: ,( '." .'. ' :: ,r ... ; <, .. :' '.~ -. . -. " .... "'.. .. -. '', ':' ._:;: ".: .

~', -

.. ~ .' . .. ',

. :-.: ,':~.,:. ). • . ct"·.; ,~: '. ~

. . J~'; . {" ","" ; . .',.

:'::,' ,:,,'~anY -'~ilis .o£:Rights, ~ese£ouf'~~ts' m·slf!r@IV '.:. , ?,,:p~sis',~f~aemoctatic'participa~on.Atlcl~like~~ .~, ', __ ... __ ,,,,._, ~:,!;I~"J:~;'"

, .' . " _, " need, to be '~pl~~nt~. 'Thebe.~t:; .uoJ)1~lefi1ta:~;;;

.... "".: ... ' .... ,C)f~qt~~to\~£ound~,unioc co~tu~j tc, ~tetencles:1

wh;~~a'l )pe~ltJ)~'p.~ge:.8~. ", ' ':,J' " ,: -:

" ",;;" :,;~", " ~ '_- -' 1\1:':" , ,',....' ..

e.laJ~t~~tlO' fl._·o£ th~_'#ghts set Jor.tb abQve~ 4~ocratie Stal" lidatdS

, . ' 10 loial . os: ", , '

,;"I~;tC~~(e.tltlc .,t~ovlS1on,S, _ _ ~" ' ,

, ,. .~. ,.... 'I,._ ..-

'. -\0

'1. Member~p Control ' " '

i. Provision for the' removal of elective officers' by re~all ,of - the membership on petition; and upon charges and trial before

a union committee. ' .

2. . A provision for initiating action by Union members on pro- . posals which when backed by sufficient signatures must come, before a meeting for vote; and with provisionsfor a referendum ,::'" vote of the membership by ballot on proposals either referred by ,t~ the officers and executive board or. by' a petition sufficiet;ltl~ =,

, supported.

31 Delegates to national conventions of -the union should be < , •• "

. elected by the members by secret ballot" either together with, the election of other Union officials, or in open meeting of the union

'after nominations have been duly made, open "to all union members,

" , . ~

4 .. In. connection with elections of union officials, provision~'

should be made for nominations by petition as well as, by a nom- :J.; inating committee .. The election should be held by a secret ballot -, and representatives of the candidates or 'of competing tickets 'should' be permitted at the count. In order ,to avoid resort to the courts, election controversies involving reco~t~ or charges of irregularity.

;, should be settled either by calling on theofficials of the national union-by ~ convention vote, or an outside impartial agency.

5. Allchanges in the 'constitution of the union should be made. only by a vote of the members either at a 'meeting atwhich the proposed changes have been distributed ih advance and with full' opportunity for discussion; or by ballot at\. an election or by

referendum, vote. . :~

f r'

~ :. ~ '.

2. Control of Finances

: :-- 1-. Special assessments should be levied only after a majority

tr' vote Qf approval by members and if for political purposes the assessments should be wholly voluntary, and no member should -, ' be ass~ssed for a 'political purpose which he does not support.

2~ Appropriations.from union-funds should not be made without approval bythe union membership in "open meeting, espe-cially-for purposes outside the established field of the union's busi- .

- ~ss-such as contriputi9~S to pupl,ic cau~es, political cameaigns,: ., _ :

- agencies outside fh~ union field.swar .relief, etc.

'''!O~~~j1~~~~;~~~2!1f1;~f1~~W''!R'Y?!:?~~/'i~r''';:':::C~tlf,~t:~:",:~:~~~{~"'t;;":it\~"",.",.'''' '3. PUblicity' ~oMenibers. t .. . .:'

1. .Provision fo~ight of members to pr~t and 'distHl>u~e within !he union membership, and without penalty, their views

. on any issue affecting the union. ' '~ " ".'

2. Arrangements by which" the records of the union .are avail~~'for inspection by any member as a matter of routine, including the constitution, by-laws, minutes and financial records. ,.

'. ,_

, '3.- 'Provision for the distribution to all members 0f copies of -the working agreements, and contracts entered joto by the union."

• • " ,,' ",' r • .' •

4. Provision for publication in the official organ of- the uriion,

( or if no official organ exists; by distribution in leaflet or pamphlet forjn) of .the decisions of the ~ executive board, of membersbip . meetings, ,4lI1d financial reports. Where there is an official organ

, its columns should be open to the expression of views inopposi-

o tion- to those of the unionadministration. ' ,

5: AU notices of membership meetings should contain a, statement of any important or exceptional business to come before the membership,

· 4. DisciPline e

. , Members ~ar8ed\\rithc offenses against the Union which . , might result in suspension or expulsion should bave the right, to

- a hearing before ~ committee ~~posed ~f persons independent I

. pf .those who bring the charges .. The hearing should be operi to, ~' union members. A stenographic record should be kept and those " charged should have the right to counsel ana, to call, witnesses .. ' Any member suspended or expelled should have the .right of appeal .... sto ~ther. body within the union sUP7rior to. and independent of ",'

.the trial committee, or to a membership meeting; and further, the

· right of appeal to an outside body provided. by law: as recommended

· qn page' 83. " . ) .

"

,s~ Job Assi,gnment , t

,In filling jobs the union should follow either, the rule of ,>. " " ' : seniority-e-which is length df membership in theunion=-or in tiine1 ~of unemployment, share-the-work arrangements or preference to

~~se who have been tJte longest unemployd. ' '.

. ~ u .

, Yi

, ,

6. Business "Agents

, Business agents of the union" should be chosen 'by, and'

responsible to the executive board, not to' the president, in or to avoid the creation of a political machine of paid office-hold rs.

. We have, not included any reference {o membership participation in negotiating contracts or in 'Calling strikes, since those ptactices are discussed in the text of the survey with some" indication' of the most desirable arrangements. Nor do contract negotiations . or calling strikes lend themselves as clearly. toa formulatiorr of "

, democratic principles because ,considerable discretion and freedom,

of action must be lodged in executive hands .. Membership ap-, prova!' of contracts entered into, or the formulation of general, demands or minimum standards are obviously d~itable 'practices, and if more widely established would avoid the sell-outs and corruption which have marked some union dealings. Membership" control of strikes by taking ,~ 'strike vote in advance is also a de- .: sirable practice, but it presents dll!lculties in many circumstances ~" which prevent laying down a general rule.

"

, In recommending that a "Bill of Rights" and these implement-"

~ , ing .provisions be' adopted by laborunions, we are aware that some <.> limits must, be placed on the, individual member's f~~edqp;t or else '" _ , the organl~atiqri' s effectiveness would soon be 1n}paired for lack '

" "of internal discipline. Once 'general 0 policies have been formulated, therefore, the executive: should be le£tfree to' put the: program

into- action and to, demand .general observance. A Iiaeshoujd be. drawn to ,preven,t individual members or mincrity groups' from

thwarting' the declared will of the majority.:", .'

-' - .

~ .. • J ' • ~ . , 9 .~ ",,' ". •

~.' ~ut these proposals cert~r could not ,hav.e s~~ results. In;

deed" they would tend to eliminate rule-by mmonty groups and i:'" foster representative government. Nor would unions be weakened f;:, ' .' 'it. these proposals were adopted. The vitality of labor org aniz a" tions in the last analysis depends on the support of their members. Measures calculated, to increase memberparticipation ~-<?l1ld'hardly

-lessen th~·"s~enzth. . " ,.

. -'~

'0" 1 . _. I _.':;'" •

Other issues arise which, do not lend themselves as readilyto- ,

~

72

.' .

" '~ s~~(ations for indusion' ii1 union constitutions' ~"pradice ,b~(;:l which equally affect democracy and members- rights: These con- ' ... ' .cern the )imits upon Jllem~rs' criticisms made outside the Union' , " and related to action taken by .the union. In this respect, a line needs to .be 4r~wn between criticism of action taken by unions 00·

, non-union matters, such as on public issues and political questions,

on which a, dissenting minority should freeto express it~elf :I,'

without penalty. On the other hand, takin criticism of the con- " .duct of the union or internal union affairs to the public press '~'f"

or before other organizations outside. the u ion-« save for legal ' .. ,~ aid in court contests or when all channels ithin the union are

clo~ed-i~a breach of discipline p bject to action.

- No -disciplinary action should . e taken against 'members on . account, of political or religious b liefs oraffiliation.v'Ihese are, rights which should be freely exerci edby all citizens. If political or religious beliefs lead to practices ithin the union detrimental

to the conduct of the union, those pra tices or acts, notbeliefs or membership in any religious or political organization, shouldbe . the sole ground for discipline. Unions may properly exercise discre- :" "I tionin setting reasonable qualifications _for office-holding, such as " denying that privilege to non-citizens, < at to . advocates of ,totali-

tarian principles. ' !

, ~

Control 9f Local UniQns

$-

The suspension of local unions by, national or il1t~rnation~I:.:, unions raises difficult problems regarding the line to be drawn

, 'between legitimare and unwarranted exercise of powe~: It is ()~;.. viously Iegitimate for a national or international 'union to suspenil .' a local when.it has clearly violated its own constitution or that of the international; or when it seems dear that a fraudulent election has taken place. In thecase of persistent offenses it· is entirely

"legitimate for the. international union to revoke the charter of a. "local and. to Q!g~ a n~w ~dy. From all su~, actions a dissatisfied local uruonl!l§boul4have of course the right of appeal, to the cour,Q, ,besidq the appeal usual in union practice to the ultimate;' .. ' . union aiithoritY, the national convention or a rc!fetenahm, of the~~i\:~.'

,:> n,atibnallJlem~sb~. .., . .

, -' ~ ~.

.. '-

. The, power to sU$~nd .Ioealsecd revoke charters

: ~ ~ - '"

73

, ,

, J

however, so often. abused tha.t 'U:flion s~~tes 'should take pattieu. f " .. '

lar care to specify the precise circumstances under which suspen-

sions or revocations may take place. 'Generally' speaking, theIine ',', should be drawn between legitimate action taken when a Iocal

- union violates constitutional provisions or conducts a fraudulent election, and unwarranted. cases inwhich the' local opposes the union I s national administration or exercises its- autonomy-on mat-

ters not in violation of any constitutional provision;

I

, '- .

The National Convention

.---.:_-_

,I _

Action by local unionsachieves democracy only in a limited, though basic, sphere. The national co,nvention affords larger "opportunities for progress in this direction, and ways of' proving this 'phase of union government should be emphasize . If officers were under obligation to explain all major decision. at conventions and to setliFe the approval of delegates, 0pP9~ties for abuse would be reduced. To assist delegates in the t sk of appraising executive policies, chief reliance would still have to be placed on convention reports. To avoid "packing" the various committees

, with official' supporters=-particularly the committees on credentials; officer reports and. 'laws-these committee members should not be appointed by the national president. They should be chosen by the execruive board, or better still, by the membership of the

local or district organizations. .

. ~. • • ..1 .• '"

Whatever the me~s of selection, the object shouid"be to secure a detailed, thorough appraisal of executive policies by men who: .are not dependent on the national officers. The national convention

is too cumbersome a body to exercise effective supervision over __ officer activities. Thus there is need for a continuous check OR union executives and their appointees, the logical agency for, this purpose being the national executive board. If that board could be' made representative of .. different - sectjons of the membership

by a syst~m of proportional representation, and at the same time .

»: independent of the other national officers, its usefulness as a 'Super- '

'vis<?ry agency would be greatly enhanced, Otherwise its veto power ,

is likely to deterioeate into a mere "rubber stamp".fo~ the otp.cials ..

. . ~ ~~form~ by Rules

It is dear that no reforms in union constitutions, rules andregu-

;, .

'\ :

• r '

-...... '-I'

iisf\'ii'~1..~[~f.r&:~rS;i,rRit~'l~Jt:1";d;;:~,:;,~W'J,~::';~:t.,-:;.?,).X'~;.'

·_9 - _ -- : . -'-_Q)-- '-':-~ -.' ." - -, .

la,tionS' will in themselves achieve .tradeunion democracy:: ~(F"~,: -- _ lnsure against undemocraticpractices. Just as m political Hfev~~:·--'., bitious men will seek to gain power by. riding rough-shod :Qver - -':, -'. constitutions 'and rules or by manipulating democratic machinery to their ownp~rposes. No niles or regulations will stop - packing meetings with the followersof a group determined to achieve power; they will not stop strong-armmethods of gangsterism..they will not prevent a minority from achieving control by outsitting

- --- ~: the majority at interminable meetings, nor prevent a determined, - '''i - - mino11ty-f«w._g___~jng together in, a caucus and voting en bloc -

after dividing its opponents-c-... _

_ -----_~ - '.-'

These methods, common to other associations ,andooUnci to mark trade union politics as well, can be avoided only by a mem- '_ bership determined not to tolerate fraud, chicanery-gangsterism, minority rule, and other undemocratic devices.. In unions, as in other associations, constant ¥igilance by a sufficient number "of members is required to insuredemocratic practice, with a constant' fight against every encroachment upon it.

1 .. ;..'_-',

~ '- .';,;'

The Means of Achievement

, .~' j ~ .

,

It will be said that these recommendations for better democrtaic practices in trade unions are counsels of perfection that even if considered and acted upon itwould take years for the thousands 'of local unions throughout tJ.?e country to. conform to the better -

practices suggested. ' ...

It is obvious ~at if suchchanges as are recommended are. to . be left to local unions atotl'e'Jthey sannorbe accomplished in t$~ , . to offset the ominous drive against trade' unions which is in-so latge part based upon charges of autocraticebehavior. It is clear, • therefore, that-measures must be adopted primarily not by local

. unions but by the international unions of which they are a part; and also by some stimulus on the part of the federations representing the two great divisions of the American trade union movement, and by the Kssociation of Railway Labor Executives. .

e,

Such a stimulus would represent something of adepartuse : .

. JroID established practice, for these- federations do notexec~ge",

~ . ,.

"

15

_ ... -

•

disciplinary powers and rarely take the lead in recommending action to constituent unions.'

" 'Since the AFL's· inception, final authority over any affiliated union has been lodged in the Federation's annual convention. This alone is empowered, under the AFL constitution and by-laws, to suspend, expel, or otherwise discipline any member organization. But in dealing with its constituent bodies, the AFL' sentire, emphasis has been and remains upon an' autonomy often anarchic. " In 1907, Samuel Gompers, AFL fouding'father.xleclared thatl'inherently an international union is sufficient to itself." And four years later he amplified the implications of this remark by saying that "the affiliated organizations of the AFL are held. together

by moral obligations, by a spirit of comraderie, a spirit of. group '"

patriotism, a spirit of mutual assistance." The AFVs ruling groups

have adhered tenaciously to this view. ' .

To be sure, four times yearly, the AFL ~ounciI (consisting of

the president, secretary-treasurer, and fifteen vice-presidents, allannually elected) meets to carry on the ad interim affairs of the Federation. But fundamentally, the council can rarely do anything" ., about the behavior of an A¢FL affiliate except to recommend, or invoke the always mercurial gods of moral suasion.

Certainly up until five years ago, the Council had no power to, suspend an affiliate, -or otherwise discipline it, except for (1) the ,non-payment of per capita dues (2) or fflilure to pay strike assessments. However,' early in 1938, the Council-s-in a maneuver,

'.. to disrupt the then Committee for Industrial Organization-voted , .. itself some new, extra-special, powers enabling it to suspend or expel any affiliate foundguiltyof "dualism," i.e: helping-to foster 'or otherwise aiding, any rival labor. movement. The legality of' this self-imposed authority remains .debatable; the more particulady since it had to be ratified by an annual convention which alone had the right td confer this kind of authority upon the CounciL" ,

-,

• -7> ,"

Today in p~actic-e~()rtly a,2/3 majorityvote ~t the annual con-.> ; ventidnof the AFL can change' the charter" or character o(~f;,-,.

affiliate. But thisvoteiri~~~f.~~~,:re~~~ -a_ DJ~~a~~~rat~1t~?~I~~~r"',?

... 1-.f: .- J ~

76 ~~ ,

- (

•

mandatory. Iffor example-a 2/3 vote should be. carried £otth~ . , proposal that all AF~ unions must admit Negroes" or revise their .' . constitutions- to admit members of minority groups, these. c0\11d be ",only /'for the record" gestures, for there is n<? agency withiri . the AFr. to enforce convention votes in a .way that could override . "

the inherent sovereignty' of an in~ernat.~oria1 u~on. ' .

. v ~

It would be helpful, but only up to a point, to have the AFL

create committees to advise itsconstituent unions on such matters as race discrimination; But the AFL historically does not lean toward the creation of committees for niany purposes exc~pt iinmediate bread and butter advantage. ·As an illustration, its special committee to rut down oa immigration to' safeguard jobs for ~e

native-born may be considered typical.. . .

.On the other hand, the 00 has officially and typically set up a

. committee on race discrimination to combat anti-minority group tendencies among its membership. This action refieces a '''ru-1'~''''n more progressive philosophy, as put into effect by a U:.aQel:SDJIP

that, in making broad policy, is more cohesive than . the

.' While the ao's executive board of the counterpart of

the AFL's executive council-in theoryj practice the ~IO'~ ~" ~

vice-presidents together with its' presidept and secretary-treasure; :more nearly parallel the AFL council's powers and fW1«ions. The . important diff~rence in 00 structuteis its greater "density of power" as - shown .by its constitution of November 1938 under

\' ,which the President is given somewhat Draconian prerogatives,

. serving .in ·the double capacity as chief administrator and ~e£ . magiStra~r~ubj~d only to the check of review by the CIa execu-: ~ tive board.

\ .'\

- . , I)'

..... While no specific authority Is granted to intervene in the con .. duct of an affiliated union, it would seem that the CIa in theory at -least is able to do so. This authority has not yet been formally

.exercised. .' ',' ,.' ' ..

( j' ;. The Association of Railroad Labor, Executives, a loose federa;'. ~··o ~. <;ti~' the heads of the railway unions has no powers of discipline ~~."J,. ~, l~-a,canon1y recommend action. It has never stepped out in fron.~

"\1-" • • • , _

, I

17

~, -.

, ; '~:'~~;F'i ;;~<; ;).l;'i~':J,~~~:>, ·At .i;~d,~ •. ;~!;d·i!~;,~ '~~{".:A';'~ 'i~~:';' ~;;::".;,~, ... :: .'". '~",;!J~~~~I,~.i;l

\,""

minority' group, protection or' trade ' WlI0u';:<

, .

on any issue of democracy.

It is clearly within' the traditional powers ofiriternational uni~~s to adopt for themselves and their locals rules and, regulations of "

a character to achieve democratic ends. Federations of labor organizations exercise no such power; But recommendations of fed: .. ' eration conventions, of executive boards, and of committees always

) /carry weight throughout tl.te ent~~ labor movement.

If anything approximating the changes recommended is to be achieved; it will be accomplished only by the interest 'and support 'of the, "top" leadership of the American labot movement in all

; -;' _ ~ its branches, plus what we' believe to be the already considerable pr~ssure among the rank and file. It may seem paradoxical to rely

. for _~fulm&-Upcnt a leadership whose power would appear to be

~,~,,"-""""'c1!Cumscribed by adopting the changes recommended. But it seems

,"~" ' ,apparent that enough of thl.t leadership is sufficiently democratic ,~

, inpurpose to set in motion forces which will tend-to achieve.these

results... ' .,,-- , ' "

, It is of some importance tonote that abuSi~e practiceson the part'

~.~"i • 4" of union officials are usual)yjn violation o~ the spirit if not of the letter of the constitutions of their organizations, and that the basic laws gqverning a majority of unions protect the civil rightso£ ,'members. It follows that the traditions of' unions are ~entially

, democratic, and that , movement to abolisb dict~tOr.ia1 leadership

~an .count ,pn substanti~ support. ' , , ,',,', , .:

,'~

t· .• - ,

r .

"

:;. . "'_'

~~/

, ..

r One 'great lack indemocratic machinery is adequate means for - the membership to exercise a close and continuous check On all · the principal local, district and national officers. Membership> meetings or conventions are inadequate for this purpose" since they .' occur too in,£requeptly:They are too large;' and those in attendance cannot hope to have sufficient informationfor the task at hand. '

. .. ~ ~ "

. Unless some-group, representative of all the' -secti~ns ,of the union -membership and independent of the principal officers, is ' ,,,,~-J given full powers jO~~~rvise the work 'of ~cials (;oncen~jlti~'" ,-~; of power may follow, with all the~opp>rtunlttes tQt abuse which '<I ';'-' : such power alford&. ,~, I "

-78

c <\,:(\,:,"';~.:: -. '"t: ..... , .' ".'< :', .' .' .' .,', .

. ~ •. ']n~'~dditi()p..' toincOtpora~g cer(ajn"ba;sicstaridatdi .• ctatiC'ptocedute in union constitutions, therefore, ·if is d~iirwb[e'

. that some' Such Instrument for supervision be devised. Otherwise , controls vested .in the membership or in conventions are likely tQ'" r

prove ~more formal- thanreal. . ,. .

/

~. j- \-. r; , • ' . . .. '_ .. '-. ~ ~

Aaobservers.of-unioqs well know, the typical member is ofteQ ',~'. indiff~ren~ t6. the type of leadership in his union, so long as wages, are good, employment standards are satisfactory .and jobs are 'avail ... , able. Cou~le ~is£aq:~.~~ '~the un,wieldy ~e_o£ conventions~ '.' , and sometimes 'even of Ideal meetings-eand lt becomes clear pow; .. ' officials are able to achieve concentration of-control. .', ..' .....

,_

...

.. ~~ -

- . A small independent body resPonsible to the membership which, .: elects it, and vested with authority to exert continuousandulese . supervision J o,:~r the union' s administration, is a ··liighlY desirable,

adjunct to de1nocr~tic,guaranteesr ' ~ . " .. ' '

. .

~tiOD •

. ,

'~gisiatiye control affectmg the it}ne~ :aHau-s of mUons is' ob- .. jectionab1e because it weakens the autonomy and inderendence pf.' unions, and if ,{lCQ>mplished by state enactments, putS an1iitol~ .. , .

> . able burden .on unions by. requiting confQttnity to 48 se~atateanc.l· •

. "different ~datdS. 1\ ~M meutire,"of ~tiol ~4!l. be' jltSt~~ ,: ., ·:-tied ob,lf by a earti~· ewl,' so gt~t,in its',dIed: OD.'!l.t~!pub~' ~t, .. ,. . . l~gislativ~ inten'~tl becQniesnectSsUY~~ In . our view,' the <ml¥... . .. '. ,,,.'legal <measures at. present' justifi~ bY' ~6 denial of dempCr~!"l~' ....

." tights are: . ' . " .

't .' <.

,(~)' Pun~is~il}g theexdusion ~rom ~'?bets~p of ~Y "'\&.IUUJ,~"

. per.sons on account of race, ~li8ton, sex, na't lonal

.- " or poli~Citl ~liation. , ,. ~ :'" - ,_ ~; .

. {Z). "~rovisi9n for hearing 'by an a~tra~ive .. agency on'sU$..'.,

. pensions or .exp~ions, ,!itll review by an appenat~,~tJtt... .

I·. .'~ '. -_ _

"(3) S~ar' ~eVi~W~O~. ~e aPf1ia~

, under Unton ~ tutions.·,.., ' ' ,

~', ."_ . '. ,T. _ .~ ;:~ '~_"_& - ,., .•• ir--··_~--.

• i'l - _" • ~

~,7'

..

,~

, . _. ',. . ,..- ~ v '.!U". :. ....

These proposals. do not impose state regulation of at:ly sort on

a.uaion's. internal affairs. They afford relief from unfairdiscrimination for those desiring to gain admission; 'they protect the rigpts

of union members under .theirjown constitutions; aff9r~g a

~:", .more orderly and expert review than is now, PFoviqed by the' un-

~., :~rtain iesort, to the co~~~s. Quite djJf~rent ~s ;f~lt ~rinciple, for,

;;r instance, of a legal requirement for .filing with a .. state agencya "

z> 'e " Union's financial accounts froma requiremenf insuring ptctnbers' <; e '

~: ' right of access to those accounts. > - ~

~.,i "

~:" , Laws already-adopted by five.states "(New York, Pennsylvania;' •

£f~'", " Nebraska, Wisconsin and Kansas) provide in principle th~!unipnsr, ,t

i:'~'\_- may 'not exclude applicants from membership on ,the ground of

~-;~, .;;' race Or religion. Irr-Pennsylvania the lawwasextended -in 1943,~

if" " , ' , to cover political affiliatiqn.rThe New York law-a Crimin~ .stat- ,:'

f. lute, unlike the others-> is-an ~celle.tlt"-s.tat~me~t of the principle . .-

1 It reads;

i

. '

, ,

"

!

. 1

,),

:'SECI'ION 43-' New York Civil Rights' Law-DISCRIMI-' NAl'ION)B,Y ~llORORGANizATIONS PROHIBITED.

~ , : _ . ~ . .' " I.; ~~.-

~ As used in this section tlal?9rprganization>. meansany qrgani-, zation whidi exists and is cp~stituted for the purpose/ in whole

y<>' or In- part, of' collective bargaining' or o£ dealing with, em", ployers concerning ,grievances~' t~~ or d>~ditions ofemp!oymeat, or, of other mUtual aid or 'pr<?tectton. NQ Iaberer- " 'ganization shall .hereafter, directly or indirectly) by f.i~tic'o, practice,' constitution or by-law prescription, by tacit agree:-

r ment 'among its members, or, otherwise.. deny a person or,",- . personsmembership in 'its organization by .reasonofhis r~,'·-'5~· 'color or c:eed, or by regulations, practice, or otherwise, deny . ":-" 4 , to any of. Its members by reason of. race, color or creed, equal . . e.,' ..' , treatment w~ oilier members in 30Y desi~ti~n, 'O! ~OOl~f$~>,'~ ',~

to any ~ploy~r foremployment, promotion or dJ~tssal by" "

- sum ~plorer.'· ~ective February .14, ,1940. '~;' -; c. , -'

. "SECrI,ON 41~: Penalties '

, .

. ". . . any,officer or member of a- labor organizatiore as de-:

-' - fined hy Section 43 'of this chapter Jor, any I pe~son repteSenPng ." -;

, 0. any organization -Qr acting in its behalf' who shall. v~tate. an~ 'f

t •

• >

UP I::t ,- ',' •

\ 'W..~ ':"

_.,_., ...... ,.- ~~'-- -. ~'-_; .'_r Of) _- ,', _-~

~ .. of the'pro"isio~ .of section i4~' 6~ ~s ,diapter or 1 ~(.i: . . .. ': '; ...•. . 'aid or incite .1:he .. vioJ.~tiori of iUlJ, of the provisions of,~~ch <: ..

. section shall for each arid everi'viol~tion thereof be HaSl~f ;-:::

ro a penaltj of ~t less than $#00 'nor more than $500 to be '

recovered by the }lefSOit aggrieved thereby or ~y. an, resident :-

of .this state to whom such perjon.shallassi~hiS cause. . .o! '!' - ···~i

. action in, any court of competent JW\isdiction 'in the .cofihty '.".'

.. in which the plainillt or defendant shall.reside;f;u1<i such .

<?~cetor member of ~lah?rorganizCltiO.3tor·pe:soq ~g in" 2~' ' .. : hisbehalf as the case mayr;be shall also ib")every such <?fieose' ,">.,: OJ,'.

be -deemed guilty of a misdemeanor and uPOl! col'fVittion ..

thereof. 'shall be fined.not less than $100 nor more than' 5bO or shall be im¢1soneci'not leSs.tha:.30 difYS nor 'mqre·~.an

90 days or both such fine1lita imprisonment.': 0'" ' _'''=.'

... I . " .

, ~. .~ \ '. ~ ~.

~le, ~~ New y Qr~ law, ctoes.~t.~jer cliscr~ati'On 'ba_sed , _'. : : · on sex,' national <¥igin-, or' politjcal affiliation, those qualmp.tloqs. ' .,-f, .~~ are quiteas legi~ and should.be added-to any pill' .. ' "~, . :>~1:

t .~~ • • " .. _ .. __ j • _ _ ;_. fJ!Jl - ~'" .- "',' - . .4

. Therct. are no, 's~f;stantial arguments, ;against ,~djl' leg~a~C?n~ ~ . '¥~ents j~~ti£yin~ sush poolic~contr~l. ofa@usgiofJS to ~ ~ .,~:

· ar.e:·- "~; .: '~ ,It-.,:t~ . ~. .' • . .!~ -',.<' ;". "

.. ~. ~. Inmanyindustries a. iiwi~~ ijv~ood depends.upon union. ' membership and to -deny. hiril ad.missi· p to' a union 'on" sudr a ~ .' ground, partirularly ~here the-dosed S op.is' prevalent m·tl]e\~ :' - .'

-dustry, is.jo deay him his Iivelibood use of his' race, religioo .

'. or beliefs, ] ': u.,. 0

~ .~."

- ... ~ e ..-'. "_ .-.-

, ~" Whatever reasonable grotfnds,~y' fortIlijl~tea\f~ uniOti· .

, . membership' on the', basis of-skill.. or' oth r q~cation$ for ~ - trade ~o~'bposSi~ly apply t~ r,ac_e/.religi9- , sex 6f.n~tieitl~:?rit!iD\: '.'

~ - ~ :, ~ - 4 .~ .. .; 5f~ .: ":.),' "/. . 1 " '-. \ \

: . Mthough 091y sbt~ legislaiioQ h~ th - fat.!been ~~, ,,~~ .~ -' ~argutpent 'fer eshibHshirig iliis piinciple " ·la,.' is:quite, 'as '.~id . . ~~ ~~PflieQ to' the fed~~ .~jufis~iCtib~~ . f~~t~~(ue itOftg "" :~,~ similar lines WOuld at",o.nce establish a -na q-wlde .standard 204 .' .. . woUldin.e1fect~ver~a11~tr.'uni~!, ~ , . ! " -' ~ " .; _ -" "

• ...' .'" "__.' . " '.' _. , ,,4. i" •. . vi ••. '.; ...

_.' . . It-~ ~ - '\ . ~<i" '/ Q '_;- r . - '.;. o§ _).

. 1£ a ,cr~ai statute is.: bbfe<#onable,.:'r#¥ts":'rould .~ :a,ci>~~ · < plis~, in fan: I;ly.~ov~ditfg~~t ~e !edffitl ~O!~mmen~~~~

~. ':',_ ~. .;~. . . - ,", 81 .,' .; ,: ~'",,_- ':; ", 0 ..' ..

e ' Ii! - •• ~. • IJ

• . '" ' ~1 . o. "

"; . tl' >!3 ;' •

, _. .<11') -

" ': ., s .. .'~, ' .. ~ .~ ... ::' :;'4. \

I 7: ~. J!. ~~ ... ',I~~ • ~~. i,~~, ~ ·'c.:·_l.;jmr!.!c$j~>\~

~.'

I' I

.. '":,,. • J ...

~""''(:ir.;~;!~~:g.Njjt~~A·~·: ':·'~i':~}

! ,

."

.- ..... ..,. ........ the'rilore \ rP:('(,\",.11'V

staJ;ed~· 'R.~ogriit1on QftJte'~up1ic.U1·,t"e t~st utllftotC~l.2~~""~Io'~'F

neti~Wra , . ,.'Uqf~ 'expUJsi(Jtl~~~u,J,4 .

SDeClal' ~gel.\~:o,l tbe4sta~e' tll.el:npe~r-s ~f~iolife~gag~ ,in: jj' \te.l~staJte"?l1tW~~itv

,", };>4;,;. :-, .,;,:'~ ' .. :", ~', '. . '.'\':~';' }.'"

",pjlll' ,1$. ttbnCfh~ ·aCtid.n 'of 1;lliid.tlbodi~s :'~liowd~nOtb'e.',: . ." ,:) .

' •. ' "'. oBSl:lS~Sion"ot~~l~io.~>'£pt ,non.paytti~,~ .. ,':" VtQJ;attt.l.lt"C.1e~, .utUon.obligat!ons; 'pOt ',ip, '~~es Vjfi;¢te:.'".,".;".'

:wJ]t;lDle " atC,];roperJ,teviep.No, ques~on 0.£ the plt.bli~: '.:.

:Y:i~~~::Tiil~r~cfo: '. hi: sUdl,,;fitatters~ , 0 '" <, -.'_'(",',,', "

.'~ ':,". <' ,"'- , " .' " ,,' ,.,' ;".,~'~ .;,?::> ,

~~41a'J~UO~ ~rpr6vidin8a'~ethdd1~r teview qf ~ait:J$t~p~t,· '," " _ ......... ' .... '" ,&A ....... app~als .should h.¢.., h¢atd,:t~m:' mefuberfwbo;:,-:; , .

f~{la.Jm,'\mllt '<l~cr~~c .tights ,~d~r, the union's' 'CQll,stttutigil::"

dffiqatHu(h,.~s!:tb~·tl· hfto~ t76ilduct~·_'~r;'.' r: .

. . .;.t¥~~~!lfOlii~aI$~ppOs?4 ~~e,~l! .. ~~a~~: .fihJUl't#,~~~~t~"Q~ f~~.t.h~~ ar.ph~atio~, .:': ~pfOYlSJQ~~,~t~e:,:~~nt-s' ',~()llstih\ti()t1.. ',: ",,,

, F, .'. , ~'O":, • ,~i" r'-',>, ' " ",', "! ;,":': r. ,', _' '

'the'- ~n.ent. 9~;:les~slation, by" the .

tne;'J:~Qier,aI . , by ,C9,Lig~e$sJ 'to provide::' ,

, , '," . "::-> " . ., .. -.~. - ,:';-r'~' '.,.~'" .' ,;:- : , ,.- «. ~ .,',:'" . ';

';,f':HI·!':£.;J',',; .' ,·.4wh(nlQembefs:ltave,.exha.~te(l:th~ '~lil~ty'~t' :L'4lP

~~'!-"~'" "' ... ,fi?r cOnt~ting,s\lSperi$iQ~s a(ja~eXpuls\Olls,. " . ~,ojj.J$tum"~~'·'Q)o.-lpl~ts,:;,~ey sho\11d" have ~th~~ri&~t,:t.();; , . ,co.tJliOjsSiQj1:$etu~~~!~ :~ma.neJlt;,divis,iot!:of." . . ,

. "'Ots~~ct~~f~~pedfi~ ~eari~'f',: '.,.;' .':>

;~a:erj,':WJ,tb;~~<1equ~tteiJr~p,r~~~' lb, lti()'IQ of4abor onsueh'a CotnmlSSJon .. : .

, . Cpmqilssi~ should '~, td, an ap.!-

• . ~"'..J '. ~ . to ~ • ',_, ,?~ t: ., '.: I. >

.: \' •. , i~, '-"~r~~~.i::~

, ..

I. ' should have' authority to: . and adjUst. Provi~ionsbo~ld"

be made for appeal from an order to the commission, w4btau-

tQority to order of improper practices referred toafOve.

From the . . such a commission further appeal should lie

to ,ath court. '

~'>. ,

~.:''".'' '. ~~~ ~.

~' ~ ..

, ,

~-' "

i- 0 "

s

"

!, .'.

) ..

_',' "1

, . ,

, t

a: ~,-".; ...' t. .:

. B~t if a trade union found to persist in major and continu .. : .~

out violations of the ri.ghts guaranteed by 'the.ir own constitutions -'~t'~ . refuses' to desist; the eommission may certify' its ~nclings to, the' , t.~I,

.appropriate labor relations ~ard empowered, after proper heal". ,"., .',

lngs, to qeprive the union of the benefits of a close shop agreement,

or acting "as exclusive bargainin~ ag~t: ~ ,

<

,

, The advantage of setting up a quasi-judicial commission to inter- ' .vene between the union. machinery and resort to the courts is , suppor'te~\b'Y all experience in the adjustment of labor relations, Experience shows' that such coriunissions soon becomeexpert in the problemsinvolved and make speedier and fairer dispositions; , of the controversy than the .courts.

, r

. The c~e~tion of a state' commission to handle these centro-

_\ versies .'will.assist greatly in getting formal.review by the courts, I which will, be obliged, to take jurisdiction on appeal-,-in-contra~t with the frequentdisihclination oJ courts at present to review sudr matters. .The review in such 'cases will however be more limited',

. in scope, since thecourts will not hear the factsanew b~t.will re-

view the findings and procedure of the commission. .: ~ "

... '., O! _ j.

'., ~ ~ • • .-<It;

In the case of uniorts e~8ag~,in interstate.co~er&(t·e rctet:aJ.

, reviewing ageney should be established for the' same .purpoie~ , ',' _, ' .. ' fore resortte the federal coufts or certification 'fo a.federal-labor. -. , relations agen'cy, (in accordance ~ith No. 3 above) ;--~--=_ ,L" ' '~\.~.

• " ' <. • .' • '\----~'~: •• ~',~~~>--:~ ~2:;A .

AD- arrangement su~as Jpr~pose _ here ~ .effect coastltutes, a ~.' ,,'

"code of faiepractice" dertl!~ exiStIng pr,_ If, __ ~o~ con- '.

$titutions~ We have no .p(oppsedJo extend public power beypricl' '~ ,

~ that point, in the' belief thaf 1 as relief ies through the, aid . : v :

, ,of a Rublic agency; 1.tf:1e Ibet#~r practices. of more democratic '

~ unions will t~dto pr~~h~on,of unions themselves. ' ',,": ,

4 • ~ , I

'> • 84

if' ." ,I

:I 4!.r

":, ; ... ,. t' ~

• ~ i

,

.•. " ' ... ' •. ' . ·.···n~f~yelop; ,it.· may,~ '&sitfibl~f~the .DUt)Un'ri

., -: vie~m8.'iagency to. recognize 'certain essential rights of .., . "

, members whi~may not now be recognisedin many unioncon- ·t:,. stitutions, but for which protection should be guaranteed J nevertheless. So to extend democratic practice would not be to impP~ ',upon tradeunions arbltrary standards, but merely to accord within .,

the~ OWn £ra~e,work the o~r~i~ to ex~r~~se tho~e. btw~r~~ts! ( ::r. which, are or'" should be common '\0. all citizens -m a political ., .....

. den:o~racy.. ~.' - Condusio:~ .. cr . ~. .'.

, . -

o' It rna}' .~eem that the counsels for action contained, in these, recommendations appear contradictory. We . urge certain action by- the rank .andfile for in9'e~sed power over: their Ieadershipj . . we urge the leadership to encourage rank and file' democracy .. We

. urge review of the, denial of d~n:ocratic rights by court action and py legislation.

, .

" r : , But we see no essential ~ contradiction hi~ encouraging .all . these ."deJl}ocratic advances ,at every point. It requites a highly compli-

. .-.; cared structure t(f.#lsure democratic' practices. We are clear ·that· "

- f· . public intetvention tothat en~ s~o~l€l ?~ h,eldto, ~~ minimum.

• . guarantees of no reasonable discriminatioh inadmission and re-

. "lief f9r trade union members' denied. fights under their own ton. . stitution~or accepted democratic, practice, .

. ~

It will be maintained by many trade unionists. that their internal' affairs- are Of no concern to "outsiders." That argument.has been . ?~str0l~ ~ong ~ince by t?e, unions' a~ceptance ~f.public pr~ection ." cmorgaruzmg and bargaining collectively and 10 the public regu. ' -, lation of industrial conflict,

_ .. ' - L ~ •

. , ~ .. We present these recommendations (:.in the belief that though ',-' . ~';' .. m..any~of them may arouse criticism and opposition, 'on the whole.. <4 .: ~-:'_they constitute a contribution to exploration and action .1lt one of' -~'the' most urgent points in developing industrial democracy in . ,:;.

"the United States. - \

, .

(L ).

.......... s.Union Constitutions and By~Laws

charges and appeals

JF_ ... ___· Ladies' Garment Workers' Union, and

ican Newspaper Guild •

, . . . ~_ . ,

".(2) : Rights and duties of members I". "

. ~ Wholesale' &' W arehouseWorkers Union, - Local 65,·

. New York City. ':~,'~,

(3)

(4)

.r

(5)

Nomination, election, and recall of officers" .•

National .Maririme Union of America, Oil Workers, International Union, International T.ypographical-_

Union. ' .~;-"' "

Trials of'focals .~

American .Newspaper Guild ,

Rights of members '.

Inter~at~9nal' Typographisal Union

'_'_'( 6) Diseriminationjn admission to' membership Internation~l Typographical Union

:Q. References for lawyers.

~ ~. ;

The material for, references to court cases, with ir lC11(:atl4MS 6ffhe pages in the report to which they refer, covers:

. 1. Restrictions 'on admissiori,'

2.Me~ers' right~. in . discipli~ary action .

. . '3.Co~rt review of disciplinary proceedings, "

4 .. Proper trialprocedure. .,.

5~ . Exhaustion of remedies.

~

- 6. The ~~)Urt~ on-union discipline.

86

. '

I •

~. ~4..,

.. ~ - ':. ,

"

d

c,. C 'O~N TE~N ~ts

, . .

, >

Constitutions and By-Laws

"

_-.l.

. .

Charges and Appeals

. ". ,

. Rights and I?uties of Members Nomination, Election and Recall' of. Officers' Reports. to MembetsJ

Admissionto Membership

For Lawyers

-.- .

. ;~.

-:

.~ »,

.\

.'

. .-,

. ;

"

..

r':OOll1til, ,It', . i,e' " working f()r·a~~,lh:er.p .... '.

·17 •• "" -.,,-·..liberty. . , . ' ' ,

,.. . " ti) 'organizeatla select ..... ~1'1' AJliliil

~oUective h~gain~ng free f,rom ~ft", n'i.A1I

.a •••• "_''''.. should be. maintained underjhe

'" . "and -state law. ''', , ,~;,%", ,

t '- ':: " . .

lJtUilCuons in ~ahor:>di$puie8 should not be' 1881.J~.(

~""'M&&& 'peaceful activjties. ' . " >

right to ·peket. peacefully at any ti~~ 'and v. ~or any purpose should he lWlintained.,~"

to control of traffic, order and .' " " '.

,right ;of employers to freedom of speech ,

~ons 'sho~d;jle .. · sustained, save where . )tl8'tihllt6S' Coercion ~.of workers' rights, or 'I:6l'1'M,~ • .A:; itself is thJeatenitJ.g~._y . .

shop contracts involv,~'no issue of ciyiI

in unions is open: to' all· . ..

. . - - .. .~~~.\ ...

. :. .~. o • )~, ..,

(';I,.I1t;lJ~ ,of anti·tru$t laws to prosecute ';ft' .... ·,.WW1l v,u;lV.... activitres as restr~t8 'of trade tlUOWU

, YOU cannot BE

, ,

" ... -. ,~ q" t J:.', r

.. ;ex~rcising. you;/,;~ion a~·

. ,

__ ,.,.a;:r.

:_7

v ; HA.VE THE RIGHT- TO: ~ ,"",'

"_ • j • , .

. ," .. ': .

. \

FREE SPEECH -

CRITICIZE 'YOUR ,UNION OFFICIALS - _,'

·f "

: A FREE AND' HONEST UNJON EtE'CTlON ",' .•

'/ :~"

RUN FOR OFFICE - " '

,

" ATTEND ALL UNION MEETINGS -. VOTE 'IN· ALL UNION' EX:Ef;TIONS •.

,« c

"'t' "\.-,

• , 1, ~-

J~ ~

.: .. ,

.rrvoua RIGHTS"ARE~ viOLA

, .

.' - .

. 'C:()NS1tru1tO~SANDhY~LAWS .'

~. :"" . .

, ,

" , 'On Charges and Appeals

_ '. 0 $ 4

- .: .~ ...

EtN:_tlltifJ''':' mtd . By:'1.Alws . 01 tlJe"J1!-terna,ional La(ue.Il';:'~:l

rIlr~me!m .. ' ,Workers' ·'Union. ¥c_ - IA .....

A~""'irl""·.10.:;0it~ose~ apd Pun)shtnent. it member may be fined,,' " ~penac::a or'#pe1ledfoithe'{ollowing reasons.. ,~, _ " j~ .. "

c~,;f-, ... ~';-::--._--· ..•.• ' :-:,·~-··-·:4,~.,r " .-, e-, '\ 0 "---:.:-<~,, .. ,::

,~;uo:n<.l.~·For rilaking £als~,~e~ents . Qn his applicatiotf ~()t,:; . ;;,':.Q1~e~lJ)~t~Il1·.p,' or giving_ falseanSweJsJ.lt 'his 'medical examin~tioil~,,>

.." . ~: '... . .,: ----'- ~{;~~-~>

eecnon 2. FormisapRwptiattng or attemptwgto misapp.ropriauf' :f\J;))(l1l,ey'oi'pc()petty of t&~I:L.G.W.lj., }.B,.,D.C. or L.V;· , -;",.;_'

'. - - . P. •• I· t·. • _.._ _ ~ l :___

, :~n 3.J;t,tfailU,re'tO pay ~ nile imposed' by the L.U., J/lf;' . : . ·or.G.E:B~,o.r1dr -disObeying,or failure to comply wjth.~y~. , d,ecisiol,l of-the G~):.B .. , J.B.,1>.C. or- L.U. within the tittle "

···.·insucll ord~rQr ·de~ioQ.; _ < • /;' ' ", .,' .' j

.~tttG~n'··' 4: For working as aslYlke breaker Ol'Violafingtte 'st~;;" . ;~:tCUl~(1S '.~ . to' wages.,'hol1t& or working conditions-established by the:,

, r _. '. .:I • ( •

~A"'.I "

• • - • ~ • .' • • <' •

,~tlon '5;' For any action or' conduct detritnentar to the interests tIie ,1.l.G:W.U.' oeits subordinate bodies, and for s~andering,.

,.,.""..,..:~'_ . t>rganizatiQn or any-of its 9fficers. " '.' ,"

.' '. ':~;Fpt .entering into indiv1tlual. <:onttact ,of empioyintnt" ap. etnpl<!yer, gi~ingsecurity to an e~plOyer, or qistlosiug. t:O',~

'en:JID1()lver'ot. any '~r:$Onother than a -fellow-member aQY~\lf

;;Q.~~lllJ~l:S.·· or. . edinasof the Unionwhkh bavenot '~'

• "malk' " '... ' ,'; (, ,,'

~j , ' -,- •. f-:'-·-

.. resorting 'to fue.:coutts for- red~es~-oE'rt~"il" ··u.1 J:ac::u w:riO.:ftjlt'd()ne~(ii1n by the,.organizativIl~l' aiiy oBicer of the" =, :~laU~tlllIKJlll ;righfs atla;!em~~e~trovideq for,by <th~,,:

,~ C"" , • _, _~,_ _" " " if< '_': '{". .':~ ,'~ ,,: "

e- ~·ties,no,. member ·of·the 1.L~'O:~~U,·$hall~bt:lri~a; .. expelled; no L.U. shall be .reorganized or.spspende4 .&&,"&""',l'!IV . of the I.L.G.W.U. or of any J.B. or D.C. ,or LV_!"shall :tellllO:\,'e<J' from office without proper notice ofcharges and a tait OD1:)Ottut1tltv: to be heard in defense; 'but an officer under charges; UD4J.C{ :ie(;tl0)1l'~?; 6 of this Article, . may be suspended by theExecu~ive~#~ -organization, the J.R or the G.E.B., pending frlak. .... "~>',t.,·

Section 6. Any elective or appointive offiter of aL.V,:~ .'

or G.E.S. may be removed _ from office for any' .... , ." .

. Constitution or.of the by .. lawsof the body' of whith he Is an (It''' bte,~~ or because _of the commission of any act which ~ay' be 'w' ~\iO\""""l'''''''''. to impair the usefulness' of the organization ,or ~qich is unt)«()JD.. . ing to the' dignity' of the office held-byhim. , --. " .

"

.: .' 'Book oj Laws oj thelnternationafTypogrophical

,~ Section 1. Charges may be preferred against ailI memeer

. any disreputable act, conduct unbecoming .a Union VI0tla.,::,,-

tion of laws of the local or International Union, or . .' '. .'

.observe provisions' of the contractand -scaleofprices. "_' . ' .

. members may file .such charges or· offiCefs' of local unions may .

. ' instructed by majority vote of members present and '. ;.af

; statedmeeting of the union 'to bringeharges.againsta u ... "' ... .I,~..."","",

,.... i'-. ' ,." .... : . ,.' .,.. .. 'F,'

. Sec. 2., Charges may be filed against anyoBic:er, of ,a-.hxal,UO(()U

. for 'neglect of duty, failu~;e to comply with"'th~ laws of .' or Internatioaal Union/ misappropristionof Unipn . funds '<:l*~ II. lM~~'"

Feasance in office.. . ,. i"'~~.: ',);', .

.. - ,"-

• • ,oj' • "' , •• ,"' , -

Sec.' 3\ When a subordinate union.is 'cognizant ofJh~" 'p'et" fQtJ~_~ ance of a disreputable act on the part of a _ mebl~et:IW~';lIi '11"f'II',sft'R" within its jurisdiction, whether such ac~:w~ committea '..... '.

. . jurisdiction or not,' it is ts duty to pre~er d:targesag~itlsth~: .'.

" fore the union under whose jurisdiction he doesworl()';,.:· , .... ;;:~.~

·.b . r " .' :' : .. _._ '," ':>1~:~ ... : _- _- _., .... ,

. '. Sec. ;4,. Accusations otcharges p:t~stbe, ~~ge'iit 'W,tl It.i rn.. ~~·tW ' .. member of the union: in good. standing within \ thitty?tlay~ .

:, . :t4nfl 'complaipan! becomes" cogni%an(~Qlj,'iheoffeJ.ise' a'llege4!', ' -:

. '-:';' :"~~. 5 .. Ittallcases" ch~rg~~·mu.stb~~lgnedby th~ ' ,~ .. '

• ,,..,AUld ~~a11 be sufficie':ltiy specific' q to. the"proyisi6ns·of~io~· , ...

i .. ". ' .... : .".. .....,.«',;',;j:.

, • .,"'_ ': "4 .

q .'

t)!,lt~d,~d .. COltlSti1tute f'h~·'''~IC.HZc'_.nt'

. to.petuiit ~e to. prepare b. pr~per 'defense, 'Two .~,-

, ' , . cop~es of the charges shalf t& delivered to the .local.

", , presi4enr withiri the time l~it'provided"fn section 4._, " ,

.' '" •. ":~.6~ Within five days after charges have-been received tne-~\. '·"<l9'cal.pfeside~t shall cause to be delivered to the accused member

-';-acottlplete_cowof the charges as filed, ~ J ' , " "''!'>'"

.,_.,> c",-- -' -' - - ". , -' '-">~~-- ,-

.;SeC~ 7~ A~ the~~ext stated meeting, of the' union thepresi~e[Jt:·,;';'" -. . present and cause the charges .asfiled to be read to the umon> ~.

'. ·-discussion anq' co.risideration the' following question ~hall j'

_.-.}Sift to a-vote by-,s~~e charges, as presented "

pe.d~med cogn.qaple-?'\ > '~: ~~', • ' " ,,~~,

. ".' :':_.7'~ ;._", ,'0' - .... .' ~ "', ,_. ~. . • __ • -._." ._ . ,_ . e : . -.~~ z: '.: ~ .

. -. ~f·:.~:· 8. If a majority of the .~etnbers· present and ."oting .recor~>,.,

-'~~ijl~tmative vote a cOmmitt~ 'ol five members shallbe appomte~, #'0"

, ~ ':~9y"the' presiding ,officer to investigate. the charges .. S~41.cotiunittee-·:, ·sMU. give. opportUrutyJ6 all parties to '~e controversy to be heard.' ;.

T~t,:a~-rosed t member may waive the right 'to . appear without

'piejudicing, his.interest. . '& ;"'.., ' ,! ~ . . '.'

. ~.-~- ./~"_ •. ~. n· ~~." . ~ . ,_' ~ ~

, ,

"

. ,.,' TiuAis.. J . . .'

TO • - "it ~- - • -'

. ..' .,;Sec 9. TIieinvestigating committee_shali repo'rt its fuldirtgs.a.t ;'

• '~':~,the next regu,lai mee~g. following :.tlle raeering at'" which it, w:ts, . '-~app<>inted . .A . majority . vote of, tnembqr~Srese~t . ··and v~tfugJ>YI '"

• ·--'setret.,ball~t Shall decide,w~ether or ~t the-charges shal] be~n- .

,'" .. of tria[~lf,,~e .eharges .are found worthy Qftr,ial,

,:,t,n:e~p'~SJ[QlI1lg officersh~U., .. appo~tJ a, conunitteei~r~,hyetOJ.tyfl,_lf- . . shall . object to appoilitnienti,Qi~ ~. :the petg()~~l: .' ' COnlOll!ttee, a5,appOinte4, a C9~it:t~ of five to to/- th~,'<::~j:: rf~'UTn-by -lot fromft1:te members pr~ent-.The'Compl,atitant; .;',' ~~a(:cwsc-U and 'members' who may. be witnesses shan ~ not-be eij;. .. ',.

, ·on the1:rial~Committee~ " -: . <.~. " ;'" .

i:'; ·<iec. 10. The tr~~l co~&~e~1aiI~tifY complainant, ,ac(:qs~:q \1indthe.ir:witness~oftitri,eandplace'-of sitttng.]3()tlj , ... . .. . .... of'.coqnsei, who s~LbMmetntrets'o£'lti~' ..... ·', .&.., .... ~tJtJ.~t:

. 'Olaf :de¢and'tRat \vitnesSe~ ~a11 b~ 8"'0#1,bt. .

.·oflici4l.a~thork~ .t~:~~st~~~aths~ ~feith'e;r,~pa.mr~' .U,,1c;Lll" .....

. :~r"...,.,.-.l . appear,: lUlless excused ~y_,ttlah(Otnm1ttee·:£~t' . .

. shall- pl~~e~.:'~e tr~L~ommittee tna)l. ~jo\Un its ~atlpj~::':

' •• _ ~-,._~' • ~~, '\_ • 'cO 0: l" V • '.....

.-~, i fl-

" .

.... ..:"~.;;;, .'-. -. ':' '. ". ,/:-- "',,.,

, ~r0m..tini~ ~ ~e; ~~: ~.~rties 'inusf.!'e_gN~·.,

~e att~ pfat~, ~ all ~ttmg$-, -, " ,"1, _" ~ '. . " ',' .' .> -. '

/. ' ····sbc.l1:·Af'~e next-stated'rneetingof the unionaite;1" ~'vei9iC(',C;, .,' has been reached the, trial cq¢fuitt~ shail reporttfs'jUdgti1<:nt.an(i.:·, ,-.\ " . the· evidence to the-union .. After'tne trial' Committee'~J~rtl1aS -.~"". been- readthe accused shatl -have the rlgh~' or defense ~~fofe'~e· • ,'; ":

Ufli~~: The report of ~e tria'! committee, thee¥_~d~~ce ~du~e<b':;,::,:". and any defense 'Offered' by the accused before the uniPJ1,s~a.Ubet.:;',~: ..

". opeh for debate, ,', -, ~ "' - . :", ':':,' <. ~;f '~':,:-, .. .:

~~ .- - II - '" . -, .. • ." ~~~ , •

. Sec. 13>. The presiding-olficer saall 'sub~t,to vote-~bf. th~aie4l! '" ": "

',. . bers pr~ent the question of guilt or acquittal. Two-:thirds -'«!t~C!f,,~~'

, ' , meine~rs rs: andvot~a by secret &allot shall be'neces~#y}Q<..-' ' .

. ' 'tJ.\:.; convict. I more than one offense has beencharged the. vote,s~all:: ". "

2 ',be,~en separately on eatb charge in the same manner .. 1 ':

... <1 • lJ • :'> ... _ 0.. \;. ~ !~. -. .:..

. .Sec. '14. Ifthe.charges or anY,oftthem be sustained, or if theia~ ~ ... ':',. cusecj pleads guilty,'a vote shall thenbetaken on the p~ilai~ ·if> ·t'., <2., : anY'i!Ko nended by the trial committee, but this recommenda-; '_ .. ~~' '-~,:"-

tion ~., amended and-the v?te shall be.firstupon th~-peayie$t<,.~~_ -;~:,

peas ty proposed.rlr shall r~wre three-fourths vote of mentb~t'5 .. : 9f~: "I: . ",.' , present and vot4tg by secref~J~a}lbt to suspend or expel. o.~· . : ".

_~\d<' ".~: resserpenalty ~~r be impo~,Pf majqrity YOre. .: " ,c ,J-;':-'-' . ,.·_:7t'./ .

~' .. Sec. 15. U~n conviction for a fitst~1fe~ the m~umofi~;;,,~~t(:, ;.,

-, .shall not exteei:l, $~5. 'Where suspension is.,p~vided,as~~·pefuijtx.:i<~~;r)i~' . . . . . "p't,,~ convi~d member the ,pe!jo~' mus( ~e ,nxed,and pO:fi~t;:./XY.~·: '~',"'\'l1f&il be affected- other than th~t.he shall not \Y.orkat the;~pPbt1pg :~C:~~:.~;;~; .. o.: . trade -d~in8the period of suspenslot!:$tiopty s,tanding~~d:.,qen~ .. ;~~·r~s,:,.-- ,

, . :-. fits ~f continuous> membership shall be·r~inedbf·pay~~t5·Gt~~~~f~:{ ,;-:Q . d!JC.saad .assessments asnot at>the' tf",de., He' shell. De''l~itlf~t.e(:tjlJf:;::.: . ,~,:au!oma.ticaIly ~(~ end of-theperie.d 9£~uspensioh~i~?ut;p_y~~::.;;"~,::.: .:

men!of.-any',tee except that he shall pay aqy fine that;~a), ~'~n~ > •• ',;\'

r ~J been fixed is a part of tbe penalty attime'p' c<?nvkt~or( . "','" -:,. : .. :;-;~ .

. " • 0'. • ... €ti. . ~ '.- 'Q ,''f I ' __ .. _-,_,:.:_,'_o

"Jt.· ,_5«. ',16: Alt~penses. inwrredin.:coruiection with the ~_ial; ~lu~.li/.h~Y.,~~~',· ,

.' ".~ be. botne, by th.e uniqn lIH:ase.,of aCi:qt?tta]~ flovi4etl-17ees. ~ff~~' '. t:;I,~ .:

........ ,: .. set shallnot ,exce.ed p~y',fC?t tiJJle lost at.the S¥eof the·u.!U0n",. ,.·):C,{"{;,-·

. ,- ~ -" .... i- ..... '_. _ )_ ~ .. ' • _:' "~.' _-_. --. _-j."" .7_"'o·_'_

.• ;\~:. '7','" .S¢t:~.17 .. A membei dlSrged' with:'aeliberate'~tflng maYf.he$l1fl1:~'. ":;:~;~\ . \;, > .... "uny ~&\Vithout:q!ing him ~ 'appe~t f~r trial if ~~.t~potf,,":/:~~~}

..•.. ',. ',of t11einvestigadng' coDuriitt~ is, suppoited by thr~fo9ithsW?!~'~';}~~f;L

. =r : ':'.' . «y"i 't' >~!tf .. ."';~)

~ '~.'" .' ..

; r:.

· ::;Sec-~' 24~·Arit,·· ... ·u·.:.·p "ll~':1 L&1~·"""~"~t;., . h~ fills t6\sustaui by pro}'.er . .' ['. ~ay,' .....•... . '. . ..

,the unioti~'8.n~ wft,hou.t· refet:riitg th~ thatterto',any,tt~il ..

. . t~, l'~: censured' or ,fined' an.amount equal to ~~~,ex~rise "k .

, trial, pr both censured and fined. . . " . <' ., .:;,

.' . " . , .

. .; J-

'"

' ..

. t>

, , ~. APPEAts·· . . .. ,'

, " : "v.Sec., 25, A A1e~be~' whd has' been 'coQvicted of dO" ett(!!nSe '0",'%.",;,;" , .. : llgaUl.st the tIDion or who berie\res his ~otlvjction VJaS 'u:<'reJ!:ul~lt])r';

'. Wljp~tifi¢dm~y .appeal tG theE~ecutive-CQUQc~l!>y' ....... ,"'~¥J"""

,n()ti~e: and' fol~owing p!~C~aure gov,etning such-appeals.

• ~', ~_; " • ~ ', -"',. • _- ~ ~. • J V . .... .' ,_

'. 0 1. Sec, 26.-Wh~~ a,.subOrdin,ate uniQq'hast~,attiol.lor.~· ·~na~t.eq.;;;\:

." . 'y;~ 'decision, anyam~i~ved~etnber, ,tpetnbers,·:.dla~l~tfrJ~·e 'Q1' 1t21(J~y¢t~c:;:[;

;:.>.~~ .,)l'aving .~. c<?~ttad: wi~said su..bord4tateuni~n\ 'or"a~y,~·al I:?1>JltQJJ)

.•......... .• . ,Jor' a. dm ". ~SibQ V:hOf. e. ·~P..pliC. ,atio. n .... hat~.: . ··,.t.·. ej~q~.d. f.·· •. ,.· .

':;, -,as'provide,~ ,in°~co~ti~tion.an4~bY .. Iaws. 4;:. '~.'::,';~ -.

.. 1'" _. . ,.'...~. . c.. it". . " --,~ .• - __ ._. • . jj __

.<.-: " ,S~ -. 2.7:~,Notice '~()£.intet\H9n .. to .., . ·tothe'~. xec' ut~'~'~SO\l~t~[~

~~~:,'~ ~ :~riStbe filed ~~ wripng.w)~th9 . e'~l1lbO'J ~'d jnjjt¢u~QIl:;;{

'~;';With: w~i~ the appel1~t· is_' . '. , 'ftT.'IP.ftlft

,~'~v: . r.0n is . tak~n or the de~is.i~n· ~~n~~~ei!by,tt" ie ~,,$ ,.ltK)t(JJl)a(~',:U1l.lQn~

'f:;:' '",~~.:28. Ape~llant stmu' l'repaferui~, .filf .

". ~:, . the subor~nate union. two cotJM'le~~, (opies'(>~ aeeear

. ,,'aU evid~<;e and argument' withIh~e!l~ 9ays •• , '. tb..e'i.g~t!QtlF~

. , ,- ',. d€cisiQn. otthe subordinate: \.ltiion~g~ihst 'wllicb. . "

.~:~; ,,~~'.: .~c.~·~~ .. 'the r1s~~~~l~iort,:Sh,~ai~~'~a~~ ,?lep,¥~¥~t .. ~ ·Y'(t:~cQ~le.$;=;t::;:~;

. " :()~ It$~eplyan~ filesaqte with . the, pf~sJd~nt.,o£ ilaicl·st. 1J:l .. 0.1 ~qu:'3

':'; .urii9tl\trithItf~erity_'days: from 'date:4f'peal Dri~£,isr"e :cei1Jred~, .

.• . ".'; _ cori}ple~~; C()py ~f the .repty ~ ~tlf'ai~ing: al!~Yipetlce "and, it. JtUIll1~ltl~~

<, !.~~l ;1?!..unm~dia.tely. tranltf11~~4. t~ :,a~l~~. '." ' .. '. t .• ~- ;:

::. :,~ -. ~; ~ Appellant ~~: h~ve· ·five days fr~lli' ' .

" "(eJ~~d In ,wwclt to prepar~ ~dJile,.1lS ~b~ve a\<4~IlU'ttil:~s1

' .. ~~.:.,:.;Q.: r~~f~Jf~. ()}e.ppftal;b~~~,.~ .. fi. ,~~;a&.~a~v~ . , .....

. ·:,'.:}d~tJt~:,orI8tn~J ·appeaI~d· repl~ b£l.efs,:. be-1tran$nutte<l~~to,:··tJltJ,

~>JlXeQlijve Colincll~and ll,<fticision rend~ed' -".

" __ .. , •• _ ._ .. , -;" _. . J ,'..":> j .' ~ ....

. ,",;~~~lCorttaine4;tP~~~~ .. ',' ' .. ,'~ •.. ~. '. '>~'

· ~: I . ". If IJppi~~~'~~J~:'f~~U~~ bri!f .~. abOve; Pt()~~dC~d

have five days.from"<iate tt js .'~Ia''''111'1 ~l';WlQlel!Jtt~

. - .., - . - -~ - , . .

:,. . .j f""

. c'

·4 • ' . . .

y'

a

R!ghts and Duties of M~ber8 , . .

. ." /... ..

Constitution oj Who~ak & Wa,.ehoUs~ Wor~rs u1itcm( . ~ocal 65, IVIJU' York City:

Section 1. Every member has a.right to "work in a UNION shop and secure full benefits of collective.bargaining.

v' ': t; .

.- a) He -has .the right to secure employment through the rotary

.. hiring system in the Union hiring hall. . . " " . ". . . .

s ',~

. b) He has the right to, vote on ~ll<terms of UNi"<?N contracts :'; .;

affecting him. ' ' . . ", ;

~ ,'V -t t.. I ,," . ,oa:

c) He has. the right to vote oh all strike calls and strike settle-

~ ments a~ecting him. . ~,' . .:' ~

. .. ~

J d) He has the right to receive such strike benefits from the . # ~. ~ UNION treasury as the Stewards Council may deem prac;ticable. :

'. \

",.';: , Section 2. Every rnember.has the right to attend UNION Mem- . _

e ,'; bership Meetings and participate in the .leaaet~bip of die ~nion ... ~

~. /.'" '. o.a). He. has the ;ightif"he kas beerr a member for at-te~;"

: '. (.2) months to vote-In a1~4> elections arid on al~.,.b';ls~ess .at~ )t~p{be~.. ~' " ~

. Ship ·Meetings.· . . ',Jr'} 'I' . . '. :f

" ;; - ' ~ , >.,.;.... . \\. . .; '~. I ~ • " .

b) . He h~Sf th~ .rightito serve onl!NION Committees; . . ..' . ~. ~:~

.~ c) He bas the' rtSht to be a candidate for elective office. p. . "., '~~

• '",d.) He has the' right to 'make recommendatiens - an4~ pIPpoJt~~·::·:~ . .: . , or 'to. make ~.i~iqsm of any p~'~s,e of UNION acti~i9't'the a~vitieS.::4~;~,· .

. :' 'aftfN'lO~offi.cetSor,coinrI11t;ees' .. -. '. '1' , -, :> :,';"!~>:" .

. ~ <;~~. Every'm~~~~ :.d~t t~,~6Jiz~ ~fiheweliJ,':'~ .. '

·setvttesqfthe UNION. t. . .•.. ·/\c">~ .

~ .. tf ~'l>- • <' ~ .. ",:... " ;.t. .~.'.' ... ~:' -.' - ' '. . .: . _:~, . . ... ::--;<". .

. .: .. ~.·S~iortt4. Eytry member . as a right to . .partidpa,te in.all sOqal, -.:,;

.. ';, .' '¢u1h}iat;, and athletic act~~" ,~'~Qf the l)NIO]'\l~ ~ '. -t ';.'-_":.:~<~'

.' '. . , . .'~ .. , .. ~""" ~, . :.~: ," ". " ' .. :, ~ . ' ....... ,'~. "':~~'" ..

•...•••....•••. ... , ... ,~1f.~';~:'! =~ .. ,~~~e';~~~ ha:.~~~,~:~,' .' .

. i ':'. :-; .. :.~:.<-%Ction 6.·;E"~ry ~~~.~r h~a ~igbt t~' pre~tcpa~ge~. ;.~~t::,\f,< .. '. .,: .• I/~¥ member, office,r, or~;omtnt.ttee, and t~ recerve a.-fatt and: o~~> .

. " •. ' '. ·.i'<lieat~g 0.0 ~y ~arg~g ~ a~:~~nce ~th th.e pr?yiSjQ~~~f this;,; .

.... ... .1,:?~~ltut~n... • • . : ~"~:\~\'. . .' ,,' ~... ;<... .' {

~ ' :SeCtiohl.Every member has the:dtity-to .slplre in the ~etcise .:

.·> Qf._the. $llpreme authority of the Membership. ." .' .

,c~~~::".a:) Every~ember 4'ob1iged to .a~nd Membership Meetings ..

¥~mbers who; for proper and just cause, are' unable to attenda

.. 'm..ee$gshall secure an official ,excu~e from their crewsteward. . "::. ~~:rs abs~nt from a meeting without having secured an offici~ . . excuse excuse shall be required to pay afine of one do1lar ($1':00).

", £~.rev~ry such absence. ' 'j

_' CO"! - _". " ,

',' it ';

.. ·';li·b~n 3. ~ Every member has the 4uty to st;engthen and def~end" .::~:. ;: .: the,,~ION.andto advance the aims oftbemelllbership.

'< • ~

. ,~

I

.,Nomination, Election and RecalL Of ~flicers .

". '" '. "' ..

'Revi,Jedi:ynstitriiwn oj tlie Naeional Maritime URiqn oj ' ,

: AtneriCci. ', , .' . ~ , . . , " .. .

, . ,. ./~. .. ~ .'~ '.' .

. 4rticle~ NOMINATIONS OE'()FFI(;ERS' . . .

~ .... --: :S¢.tion J..' Bi~~fIy< <1~irig. the ~on~ of Janu~ there ·shalf.:. be-nominated £fom. sh~p~' arid snore, candidates fur office. Before ' " t2·P.M., Februatt 28, eathno~'must have mailed to, theNa-

tiQrial sed~ary;bytegis.~redtnai1 U1e following: ., .

, .. ',,', ' .. (~): 'a~··a'~e and ,~e w~i~ end~sement of ~e.nty~~ve ' .

':~ (i5}·.·ffU.lme.cnbers Ul iOO~ st~mg; ", ,. ~ > •

. ". - : . ( __ _._ .." - -,"' .. i. . ,I . ~ .

·j\<·fiUeQ~oUt)~1id .pplicatiott suppliedby the NATlONA1.,;- .,'

..... , '-:~"yr:~~;:;:. I,·" >_. . . , J.:"

..•... , (~)(A.}~~·~ull-fac;H,photograph;

._. _. ,_.: _..J- .... : •• ,' -_._ / ~. '_.' _' ! - .

. ·· .. :.c;.·:{ttX_!A .w.ritte~~~rdff three {3) £~l years sea.serv~a.nd:~

". ' .. .~lty..:.~ .'./ . '.' ) '.,

'.)~c>"i."~~:anBr~es .. the Agentshall·~ responsible -rotate

........ '. .... . .. ' of:~ qW.tlifiotti!>os ofthe n~s.TheA8eflt~i.lt iSeli~t1c,tO ·NatiQnal~ecietary. written vedficatiQt'l·~f the' . ,

>.,;.IIi.,u.,l;\1U,a"-Y'.. .~ '. ,. I . ., '. .. . "i'~ " , .. " .

~ ~ •. } ." . 7;,- . :.,~ '- .. _ t -~ , c. _'. . ",

,,"~G;"~ •. there(&-dsan4p\t()tographs:of all ean- \ .. bepu}jli~edm, aspedal supplement of '~e, ;,

,UNlON PU.OT. ' " '.' ..

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Article 9. ELECTION OF OFFICERs

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" Section 1. During the'l~tterpart.of March al?rinted'baIlot.studtt;-:', '

be prepared and distributed by the .~ational Secretary., ," ",,' ~, '~~'~T

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sec. 2. In addition to the candidates for various offices, the bal:"'t;_" "!"'~'i~::

lots may also contain any ame~d~~nts to. the Constitution. or ~~j,\,.;.t .. :"~" ~aws that have been, regularly oJlered, In ~ccor~ance with ~,~" ":16 .,)7,:

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Sec" 3 v Any member" who is running for re-election shall bav¢ " .;

indicated alongside his name on I 'the ballot, and, alongside .4i6-.··:;L photograph in the "PI~O'f" the. number.of terms ofoffice he,:hU~(,:., <?;~,

he~~,. 4. During the last week in March, theres~au ~:,~.,)t~ a meetipg in each Branch a balloting committeeman. In New York, , at a jo~p.t meeting there shall De elected three (3), one from each' : .

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I Sec, 5. Voting shall begin at nine (9:,00) A.M. April~h-st .. and '

continue. through to twelve (~2:00) P.M. July 31. '<

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, Sec; 76. During ~e elections, every .mem~titit1ed to vote shall , applyto the duly' elected"balloting coIl11Iit.'t\eehlan for a ballot at .. Branches, whereupon he shall be givenaballot .and envelope . . numbered identically to the ballot,and a second envelope .s~I.f~" " stamped and 'addressed to a safety box in a bank at ~eadquatt~~;< ,:', "·.~f. marking the ballot.to his own satisfaction, he shall entl~e~j;',

,bisballot inthe first numbered envelope, thenenclose this ,._

, . \ in the 'second self .. addressed envelope and' then seal said 'Se~On(lh','

" .. ,~ envelope an~ail it in the. nearest Unit~ ~tates~mail box. , ... ',~

, ." set 7. Each member, before he receives hifi ballo~ shall' " . his name and membership number in'a, boundbookkept: "

, , ',pur~e; if he is unable to write, he shall mark a cross : ;,_;: :' book-and his namesand number may then be written. bytqe Ql,tn~~*

";./:- ,in:"·dlarge of "theBranch.' After he has, voted, his ·n:·lef1llb'etsl!1,lP~r\~ ,hQpkkShallbe, stamped to indicate that '~e has voted,

" 4, J d3te.,apd the plate where the vote is cast.' ' ", ;:.,;}~~''':' '

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: '~,~, Secs. Ballots shall be secret and each ballot m~k~ fu _' 'I"",,JL~.~\O<

.: '-' > pencil., '., >', , " " _'" > :;"

,\ ' ~,' ~,Sec.~. With~twelve~12)! hours-after ,the baHOtint"~~;