3. The voting districts consist of the following and are numbered as indicated. Group no. 1.-Scrap and shear, shear and blank, heavy stamp and drum, die storage, pickle and anneal, tool room, layout, inspection, salvage, blacksmith. Basic employment, 70. Group no. 2.-Axle housing, welding, food compartment, platform and flask, frame stamp, frame assembly, drill room. Basic employment, 80. Group no. 3.-Shipping, receiving, stores, raw materials, millwrights, carpenters, tinners, laborers, electricians, cranemen, tractor men, power plant, sweepers. Basic employment, 85. Group no. 4.-Refrigerator-Press and shear, refrigerator-painting, refrigerator-ding men. Basic employment, 95. Group no. 5.-Refrigerator-Rough assembly. Basic employment, 75. Group no. 6.-Refrigerator-final assembly, refrigerator-door assembly, refrigerator-packing and crating. Basic employment, 75. Group no. 7.-Accounting, bookkeeping, clerks, cost department, engineering, estimating janitors, material department, order department, production department, payroll department, purchasing, rate setters, sales department, stenographers, telephone operators, watchmen, welfare (hospital, employment, etc.). Basic employment, 70. 4. There shall be one employee representative for each group of the foregoing designated basic employment figures or under. 5. For each additional 75 percent over the basic employment. figure which a group may increase an additional representative shall be allowed. II. TERM OF OFFICE OF REPRESENTATIVES AND VACANCIES 1. Employee representatives shall be elected for a term of 1 year, and shall be elegible for reelection. 2. An employee representative may be recalled upon the approval and by the joint council of a petition signed by two-thirds of the voters in the voting division of such representative, and upon such approval he shall cease to be such representative. 3. An employee representative shall be deemed to have vacated his office as such upon severance of his relations with the company, or upon being transferred from one voting division to another, or upon his appointment to such a position as would make him one of the persons described in paragraph 3 of section III hereof. 4. Vacancies in the office of an employee representative for which there is no alternate as described in paragraph 15 of section IV hereof may be filled for the unexpired term, at the discretion of the joint council, by special elections conducted in the same manner as the regular annual elections. III. QUALIFICATIONS OF REPRESENTATIVES AND VOTERS 1. Any employee of the company who has been on its pay rolls for a period of at least 90 days immediately prior to the day on which nominations shall be made as hereinafter provided (hereinafter referred to as the day of nominations), who is 21 years of age or over and who is an American citizen, shall be qualified for nomination and election as an employee representative. 2. All employees of the company who have been on its pay rolls for a period of at least 30 days immediately prior to the day of nominations shall be entitled to vote at nominations and at elections. 3. The officials of the company and persons having the right to recommend the hiring or discharging of employees, or regularly holding purely supervisory positions shall not be elegible for election as employee representatives or qualified to vote for employee representatives. IV. NOMINATIONS AND ELECTIONS 1. Nominations and elections of employee representatives shall be held annually in the month of July. Nominations shall be held on the first Tuesday and elections on the following Friday of such month. In the event that either of such days in any year shall be a holiday, then the nominations or elections, as the case may be, that otherwise would be held on such day, shall be held on the next succeeding full business day. 133130-35-11 2. The nominations and elections shall be conducted by the employees themselves in accordance with rules and regulations prescribed by their rules committee and with only such assistance from the management as may be requested. 3. Nominations and elections shall be by secret ballot and so conducted as to avoid undue influence or interference with voters in any manner whatsoever, and so as to prevent any fraud in the casting or counting of ballots. 4. On each day of nominations, each employee of the company then qualified to vote as hereinabove in section III provided shall be furnished with a ballot stating the number of persons for whom he is entitled to vote at nominations on such day; and such voter shall write on such ballot the names or check numbers of the person in his voting division whom he desires to nominate for election as employee representatives. 5. In voting at nominations each duly qualified voter may vote for a number of persons equal to twice the number of persons whom his voting division is entitled to elect as employee representatives. 6. If on any ballot cast at nominations the name or check number of the same person shall appear more than once, such ballot shall be counted as a vote for such person only once. 7. In case the number of persons whose names or check numbers shall appear on any ballot at nominations shall exceed the permitted number as stated on the ballot, the ballot shall be void. 8. There may be three persons nominated for every office of employeee representative to be filled. 9. The employees in any election division, up to three times the number of employee representatives to be elected by the employees in such division, who shall have received the largest number of votes shall be declared nominated and shall be the candidates for election by such employees on the next day of elections. 10. On each day of elections, each duly qualified voter shall be furnished by the committee on rules through tellers designated by such committee with a ballot on which the names of the candidates are printed with provision for marking his or her choice. 11. Each voter shall deposit his own ballot in a box provided for the purpose by the committee on rules and the ballots shall be counted under the direction and supervision of the said committee. The candidate or candidates of each voting division of the number to be elected by such voting division who shall receive the highest number of votes shall be declared elected as the employee representative of employee representatives of such division. 12. In the event of a tie, the rules committee shall determine the choice by the toss of a coin. 13. In the event of a controversy arising concerning any nomination or election, it shall be referred to and decided by the committee on rules. 14. The committee on rules may make such provision as it may consider necessary for assisting any voter who may request it in properly marking his ballot. 15. Candidates failing of election shall stand as alternate in the order of the number of votes received, and in such order shall become employee representatives as need may arise through vacancies. V. MANAGEMENT'S REPRESENTATIVES The company shall appoint a special management's representative to facilitate close relationships between the management and the employees' representatives. The management's representative shall represent the management in negotiations with the representatives, their officers and committees. He shall respond promptly to any request from representatives, and shall interview all of the representatives, from time to time, collectively or separately, with reference to matters of concern to employees. He may attend any meeting of the joint council and committees but shall not have any vote thereat. The management of the works and the direction of the working forces including the right to hire, suspend or discharge for proper cause, or transfer, and the right to relieve employees from duty because of lack of work, or for other legitimate reasons, is vested exclusively in the management; and, as expressly provided herein, these rights shall not be abridged by anything contained herein. 66 VI. COMMITTEES 1. The term a majority when used with reference to a joint committee vote shall be construed to mean a majority of employees' council members and a majority of management council members. 2. Each committee shall be composed of not more than five members, and shall appoint its own chairman and secretary. VII. COUNCILS 1. After each annual election the representatives shall immediately meet for the purpose of electing a chairman, vice chairman, and secretary of employees' Council. 2. The chairman of the employees' council shall also appoint members of the following committees, viz: (1) Rules, ways, and means, (2) wages, employnient, schedules, safety-first, (3) welfare and recreation. 3. Vacancies on committees shall be filled at a regular meeting of the management or employees' council. 4. The joint committees shall consist of the committee of the employees' council committees with the additional of the management council committees who may equal but shall not exceed in number the employees' council committee. 5. The joint committees shall select their own officers and arrange their own procedure, subject to appeal, in case of controversy, to the joint committee on rules, ways, and means. VIII. COUNCIL MEETINGS 1. Regular meetings of councils shall be held every other month. 2. On alternate months, the joint councils shall meet. 3. Councils shall meet between the hours of 3 and 5 in the afternoon, unless otherwise determined by joint approval of the chairman of the respective councils and the management's special representative. IX. COMMITTEE MEETINGS 1. Meetings of committees and of joint committees may be held as occasion may require, on approval of the respective committee chairman and the management's special representative. 2. For time necessarily lost, through actual attendance, at regular or special meetings or conferences jointly approved, representatives shall receive from the company, payment commensurate with their average earnings. 3. Any matter may be referred by the management through the management's representative to any committee or council for consideration and report, and any matter may be considered by a committee or council to the management through the management's representative. 4. The joint committee on rules, ways, and means, shall arrange a suitable place for meetings of the employees' council and of the several committees and joint committees and the company shall defray such expenses as are necessarily incident to the discharge of duties herein set forth, when approved by a majority of said committees. X. ANNUAL CONFERENCES An annual conference between the employees' council, the management council, and the mangament's special representative shall be held at a time and place determined by the joint council, which shall be in charge of the procedure at such conference. XI. PROCEDURE FOR ADJUSTMENT 1. Any matter which in the opinion of any employee of the company requires adjustment, and which such employee has been unable to adjust with the person in charge of the work on which he is engaged, may be taken up by such employee in writing, either in person or through the employee representative of his voting division or district and in the following order: First, with the department head; second, with the group representative; third, with the management's special representative; fourth, with the joint council. 2. If the joint council shall fail to make any such decision it shall notify the general manager or president of the company to that effect, and, if such general manager or president and a majority of the employees' representatives on the joint council fail to effect a satisfactory settlement, they shall refer the matter to one or more arbitrators who shall be selected by the joint council. XII. GUARANTEEING THE INDEPENDENCE OF THE REPRESENTATIVES It is understood and agreed that each representative shall be free to discharge his duties in any independent manner, without fear that his individual relations with the company may be affected in the least degree by any action taken by him in good faith in his representative capacity. To insure to each such representative his right to such independent action, he shall have the right to take the question of an alleged personal discrimination against him, on account of his acts in his representative capacity to any of the superior officers to the joint council and to the general manager or president of the company. Having exercised this right in the consecutive order hereinabove indicated and having failed to obtain a satisfactory remedy within 30 days such representative shall have the further right to appeal to the State Department of Labor or the Secretary of Labor of the United States. The company shall furnish said State Department or said Secretary with every facility for the determination of the facts and the findings and recommendations of said State Department or of said Secretary shall be final and binding. XIII. AMENDMENTS This plan may be amended by a two-thirds vote of the entire membership of the joint council at any joint annual meeting of such representatives or at any joint special meeting of such representatives called for that purpose. Drafted and submitted by the temporary committee, July 18, 1933. A. G. BIETT, Chairman, Pro Tem. Employees' representatives to temporary committee provisional group: J. Jenkins, R. M. Watzulik, J. W. Dennis, B. Roalofs, M. Speerbrecker, J. Kelly, S. Dlugas, K. Purdy, R. Bregart, M. Donahue, A. G. Biett, W. E. Nenadel, A. S. Kos. Managements representatives to temporary committee: E. Kestner, J. Williams, C. E. Daugherty. Management special representative: F. M. Small. THE CORPORATIONS AUXILIARY Co., Cleveland, Ohio. DEAR SIR: Attached is a copy of a special report on the Mechanics' Educational Society which should be of particular interest to you. Your special attention is directed to reports of locals beginning on page 2 in reference to Cleveland and to the marked paragraphs concerning Cleveland throughout the report. The letter from Van Gelde foreshadows a movement, which if carried out might change the whole complexion of the labor movement, or on the other hand might mean endless strife in the industry. This report will be indicative to you of the effectiveness of our contact with labor activities in every direction. The encouragement given the American Federation of Labor in late rulings and announcements is not going to be lost sight of by the heads of their organization. You, like most manufacturers, have a percentage of loyal, right-thinking men among your employees. Give them some encouragement, some support, some leadership by men in their own status. Every authority is agreed that to avoid further serious labor disturbances, it is up to the employer first to keep himself fully informed of the sentiment among his employees and second to establish a leadership among his loyal employees that they may become familiar with some of the problems of management, as well as their rights under the present laws. For 35 years this company has been assisting employers in these most vital problems. Let us tell you at a convenient time how this can be done no obligation. Very truly yours, THE CORPORATIONS AUXILIARY CO., Assistant to General Manager. SPECIAL REPORT COVERING ACTIVITIES OF THE MECHANICS EDUCATIONAL SOCIETY OF AMERICA Organizational efforts on the part of Organizer J. J. Griffin in Connecticut cities such as Bridgeport, Torrington, and New Haven have met with such marked success that General Secretary Matthew Smith has left Detroit and is now on his way to Bridgeport, Conn., for the purpose of there conferring with Griffin about the progress being made. It is expected that he will also lay plans for more solidly organizing other Connecticut industrial cities than those mentioned. Radical Mechanics Educational Society of America member, Richard Denske, who was largely responsible recently for Mechanics Educational Society of America organizational activity at the Hookless Fastener Co., Meadville, Pa., is no longer in Meadville. He proceeded to Dayton, Ohio, from Meadville intending to carry on organizational work there but remained only a brief period due to his inability to secure employment. Thence, Denske proceeded to Philadelphia hoping to secure employment at the Budd Wheel Plant where it was reported that several hundred diemakers were being engaged. He was evidently unsuccessful in this respect because it has since been learned that Denske has gone to Bridgeport, Conn., to aid in the organizing work there. In view of the comparative inactivity along organizational lines in the Detroit area it can be anticipated that organizing efforts will be concentrated in the East for a time, principally in Connecticut cities and the presence of General Secretary Matthew Smith, Organizer J. J. Griffin, and radical member Richard Denske will only serve to complicate the situation. In Detroit organizational efforts on the part of Organizer Ralph E. Covert are being centered upon the toolmakers employed at the Plymouth Motor Corporation. Several meetings of Plymouth toolmakers have been held recently in the neighborhood of the plant. The response has been less satisfactory than anticipated by Covert for the simple reason that the few toolmakers who have been encouraged to attend the meetings are reluctant to affiliate with the Mechanics Educational Society of America until such time as Matthew Smith is ousted from his position as general secretary. Among the rank and file members in the Detroit area there is marked dissatisfaction being evidenced in connection with Matthew Smith's continued control of the Mechanics Educational Society of America and this dissatisfaction is being evidenced through poor attendance at meetings and the failure of more than a small percentage of the members to pay dues regularly. Mechanics Educational Society of America, Local No. 8 (West Side local), has been concentrating its organizational efforts temporarily on workmen at the Koestlin Tool & Die Co. The organizational efforts have met with practically no success. A meeting for day shift and afternoon shift employees at this plant, scheduled to be held at the headquarters of Local No. 8, Grand River and Avery Avenues, on Sunday morning, October 7, was poorly attended. There were ony a handful present and practically all of them are the regular "standbys" who loaf about Schiller Hall, Mechanics Educational Society of America headquarters. Mechanics Educational Society of America organizers are informing members employed in the various shops who are working in excess of 40 hours per week to keep a record of the amount of hours worked in excess of 40 hours per week and, if time and a half is not paid for such excess hours, the Mechanics Educational Society of America intends bringing the matter of the time before the Detroit Regional Labor Board in the hope of securing time and a half for all time over 40 hours in any one week. The claim is being made that it |