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Alternate industry member

Hoey A. Hennessey is an industry member of the Review and Appeals Committee of the Board. He held the same position during World War II and was also an alternate industry member of the WLB. He is assistant to the managing director of the National Association of Manufacturers in New York City. From 1945 until 1950 he was employed by the National Industrial Council in New York City. For many years prior to that he was manager of the Carteret Industrial Association of Carteret, N. J.

Labor members

Harry C. Bates has been president of the Bricklayers, Masons, and Plasterers International Union (AFL) since 1936. He has also been a member of the executive council of the AFL since 1934. During the war, he was a labor member of the Wage Adjustment Board for the Building and Construction Industry, both under the National War Labor Board and the National Wage Stabilization Board. He entered the trade as a bricklayer in Waco, Tex., in 1900, became a vice president of the international union in 1920, and was the treasurer from 1924 to 1928.

Elmer E. Walker, a general vice president of the International Association of Machinists since 1945, was appointed a substitute ́A. F. of L. member of the National War Labor Board in 1944. He has been a machinist since 1918, and, until 1933, was a working tool and die maker in various places in the Midwest. He has been a union official since that time. During the war, Mr. Walker served in various posts with the Government, including periods as national field representative of the apprenticeship service in the tool and die industry, special assistant to WPB Assistant Director Joseph D. Keenan, Director of the Office of Labor Consultants of the Smaller War Plants Corporation, and held memberships on various commissions. He is now resident vice president of the IAM.

William C. Birthright is president of the Journeyman Barbers, Hairdressers, and Cosmetologists International Union of America, and sixth ranking vice president of the A. F. of L. He has been a member of the A. F. of L. since 1908 and lives in Indianapolis, Ind. During the war, Mr. Birthright was chairman of the Marion County, Ind., County Draft Board, and he also served as a member and chairman of the Indiana State Personnel Board for 4 years. Earlier, he was secretary of the Tennessee Federation of Labor for 15 years.

Emil Rieve, who has been president of the Textile Workers Union of America since 1939, was an alternate labor member of the National War Labor Board during World War II and also a labor delegate to the President's Labor-Management Conference in 1945. He was president of the American Federation of Hosiery Workers from 1929 to 1939 and labor representative to the Code Authority for the Hosiery Industry in 1933 to 1935. He was also a member of Governor Lehman's special committee on the State Defense Council, and a labor advisory committeeman to the Council on National Defense. He has also been an alternate member of the National Mediation Board and a member of the United States Government Wage and Hour Commission. He as a United States Labor Representative to the International Labor Office in Geneva in 1936. Benjamin Sigal has practiced labor law in Washington since 1946. He is general counsel to several CIO unions, including the International Union of Electrical Workers, and the United Gas, Coke, and Chemical Workers. During World War II, he served as executive assistant to the CIO members of the National War Labor Board and held the same position with the National Wage Stabilization Board through May of 1946. Until this time, Mr. Sigal had been engaged in a private law practice in Pittsburgh.

He graduated from the University of Pittsburgh and received his law degree from Harvard.

Joseph Childs is vice president of the United Rubber Workers of America (CIO) and also a member of the CIO executive board. He is a member of the city finance committee of Akron, Ohio, and is active in civic affairs in Akron. He was formerly a labor member of the Cleveland regional WSB. He also served during World War II as an alternate labor member of the National War Labor Board.

Alternate labor members.

Lee W. Minton is president of the Glass Bottle Blowers Association, AFL. He is chairman of the shorter work day committee, and serves on a number of other AFL committees. In addition, he has represented the AFL in various capacities; he was a delegate to the International Trade Conference in 1947 and 1948, a member of the Anglo-American Council on Productivity in 1948, and is a member of the board of directors of the Community Chest Councils. In 1951, he was elected vice-president of the American Federation of the Physically Handicapped. John Brophy was for many years district officer of the United Mine Workers of America. From 1938 until 1950, he was director of Industrial Union Councils of the national CIO. During this time, he also held the following positions: member of the National War Labor Board, member of the President's Committee on Fair Employment Practices, United States adviser to the Paris meeting of the International Labor Organization, and a consultant to the State Department at the Habana conference on international relations. In 1950 and 1951 he was a CIO member of the International Committee for Trade Unionism, which serves in an advisory capacity to the United Nations.

(Reference to the following will be found on p. 2037.)

I. DEFINITIONS

A. CLOSED SHOP

Under the "closed shop" form of union security, the company obligates itself to hire and retain in its employ union members only. "Closed shop" has been defined to include recruitment by or through the union or the requirement that all new employees be members at the time of employment. The agreement may provide that the employer may reject a worker, referred to him by the union, who does not meet the specific standards set by the employer or the contract. Under an absolute union-hiring clause or a preferential union-hiring clause, if the union fails to furnish the necessary workers, agreements usually permit the employer to hire nonunion workers provided they make application for membership or secure a temporary work card prior to or at the commencement of employment. When an agreement establishes the closed shop for the first time, employees are required to become members of the union within a short time after the signing of the agreement. In rare instances an exception is made of workers already in the employ of the company at the time the closed-shop agreement is signed, who need not become union members.

B. UNION SHOP

The union shop differs from the closed shop in that the employer is free to hire nonunion workers and is the sole judge of the qualifications of the applicants. Unlike the closed shop also, union membership need not be acquired until immediately following employment or within a stipulated period thereafter. The union shop is similar to the closed shop in that membership in the union is a condition of continued employment. Prior to the Taft-Hartley Act, suspension from the union for any reason entailed dismissal from the job. Under the Taft-Hartley Act, suspension from the union entails dismissal from the shop only if membership in the union is denied or terminated for the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership.

"Union shop" also contemplates a number of alternatives other than the "full" union shop. An example is the modified form of union shop agreed upon by the General Motors Corp. and the United Auto Workers, CIO. The essential provisions of this agreement are as follows:

1. Employees who are members of the union on the effective date of the agreemert must maintain membership.

2. Employees who are not union members on the effective date of the agreement need not join. Any such employee who joins during the life of the agreement must maintain membership.

3. Employees who are hired after the effective date of the agreement must join when they acquire seniority. (Employees may acquire seniority by working 90 days during a period of 6 continuous months.)

4. Employees who are hired after the effective date of the agreement and who join the union must maintain membership for 1 year. They can then resign from the union and give notice to the company. If they fail at that time to resign and give notice, they must continue to maintain membership.

5. Disputes as to union membership become grievances with arbitration as to the final step.

C. MAINTENANCE OF MEMBERSHIP

All employees who are union members at a specified time after the execution of the contract, or who later join the union, must remain members for the duration of the contract as a condition of employment. As in the case of the union shop, under the Teft-Hartley Act, suspension from the union entails dismissal from the shop only when based upon the failure of the employee to tender the periodic dues and the initiation fees unifortnly required as a condition of acquiring or retaining membership.

II. The following survey of union security provisions in collective-bargaining agreements was prepared by the Bureau of Labor Statistics and released in November 1951. The survey is based on a sample of 2,651 contracts in effect during late 1950 and 1951. The contracts cover 5,581,000 workers.

Union-status provisions, by industry

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1 These workers are covered by 2,448 agreements for which employment data are available.

2 Includes jewelry and silverware, buttons, musical instruments, toys, athletic goods, ordnance, and ammunition. 3 Excludes rail and air carriers.

Includes financial, insurance, and other business services, personal services, automebile repair shops, amusement and recreation establishments, medical and other health services.

Includes farming, fishing, educational in citutions, nonprofit membership organizations and governmental establishments.

96315-52-pt. 4-26

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