Guide to the United States Emergency Board No. 98 Transcript Of Proceedings And Exhibits,
1951.

Collection Number: 5039

Kheel Center for Labor-Management Documentation and Archives, Cornell University Library

Contact Information:
Kheel Center for Labor-Management Documentation and Archives
Martin P. Catherwood Library
227 Ives Hall
Cornell University
Ithaca, NY 14853
(607) 255-3183
kheel_center@cornell.edu
http://www.ilr.cornell.edu/library/kheel
Compiled by:
Kheel Center staff
Date completed:
2000
EAD encoding:
Casey S. Westerman, August 19, 2002

© 2002 Kheel Center for Labor-Management Documentation and Archives, Cornell University Library


DESCRIPTIVE SUMMARY

Title:
United States. Emergency Board No. 98. Transcript of proceedings and exhibits, 1951.
Collection Number:
5039
Creator:
United States. Emergency Board No. 98.
Quantity:
2 linear feet.
Forms of Material:
Transcripts and exhibits.
Repository:
Kheel Center for Labor-Management Documentation and Archives, Cornell University Library
Abstract:
Transcript of proceedings and exhibits, Emergency Board No. 98, 1951. Union shop case. Seventeen cooperating (non-operative) railway labor organizations and 390 carriers, most combined for representation by Eastern, Western, and Southeastern Carriers Conference Committees, 1926-1952.
Language:
Collection material in English


ORGANIZATIONAL HISTORY

The Emergency Board created under the President's Executive Order #10155 dated November 15, 1951, was composed of Mr. David L. Cole, labor consultant, Patterson, N.J., as Chairman: Mr. Aaron Horwitz, Attorney, New York City, and Mr. George E. Osborne, Professor of Law, Stanford University, Palo Alto, California. Hearings were held in Washington, D. C., from December 11 to 17, 1951 and January 8 to 29, 1952.
The report to the President on February 14, 1952, recommended that:
1. The parties enter into a Joint National Agreement, through their duly designated representatives in accordance with the usual custom, providing for a union-shop agreement as proposed by the organizations in their notices of February 5, 1951, to the several carriers, parties to this dispute, in the form substantially as used in the union-shop agreements; with the New York Central System Lines, with certain exceptions;
2. The afore-mentioned Joint national Agreement to provide for the deduction of dues, initiation fees, and assessments and that the details be worked out in substantially the same manner as is provided for in the agreement of August 3, 1951, between the New York Central Railroad System Lines and these organizations, with certain modifications.
Among the exceptions recommended by the Emergency Board were:
1. That all positions not represented by the organization, all fully excepted positions, and all positions covered in the scope rule only in a nominal or token manner, be covered by a union shop agreement;
2. Provide that no claims against the carrier shall arise or begin to accrue in favor of a discharged employee or any other employee or the union prior to a final determination of the dispute, such time to include the time during which action against the carrier is stayed by any court.

SUBJECTS

Names:
United States.

Subjects:
Collective bargaining--Railroads--United States.
Open and closed shop--United States.


INFORMATION FOR USERS

Access Restrictions:
Access to the collections in the Kheel Center is restricted. Please contact a reference archivist for access to these materials.
Restrictions on Use:
This collection must be used in keeping with the Kheel Center Information Sheet and Procedures for Document Use.
Cite As:
United States. Emergency Board No. 98. Transcript of proceedings and exhibits, 1951. #5039. Kheel Center for Labor-Management Documentation and Archives, Cornell University Library.

CONTAINER LIST

Description
Container
I. Transcripts.
21 Volumes. 2188 pages.
II. Carrier exhibits.
Carrier exhibits #1 and 2 as listed in the transcript are missing, but the following are included:
1. Index to the record and summary of the evidence. Brief filed on behalf of certain Western Carriers and the Pullman Company.
1a. Brief on behalf of 31 Southwestern Carriers.
2. Memorandum brief filed by Eastern and Western Carriers on the Right to Strike and its relation to the function of an Emergency Board are included.
2a. Summary of opening statement by Donald Richberg.
1. Constitutions of the 17 unions involved and the Railway Employees Department.
2. Circular #1823, of January 29, issued to all general chairmen by Leighty.
W3. The Union Shop Amendment to the Railway Labor Act is Unconstitutional.
W4. Union shop agreements with these organizations would operate to deprive railroad employees of their constitutional rights.
E5. The handling of union shop demand.
E6. Supervisory employees.
E7. Rules governing, classification of railroad employees.
E7a. Pennsylvania Railroad Monthly Report of Employees, Service and Compensation.
E8. Exclusions from the union shop agreements in the railroad industry.
E9. Exclusion from coverage collective bargaining agreements in industries other than railroads.
E10. Analysis of exclusions from agreements containing Union Shop, Modified Union Shop or Maintenance of Membership Provisions - Industries other than railroads.
E11 Employers protection clauses in union security agreements.
E12 Universal Declaration of Human Rights.
W13. Agreement between Chancellor Canfield Midway Oil Company and the Oil Workers International Union.
W14. Job classification and geographical location of employees of Santa Fe protesting execution of Union Shop Agreements.
W15. State involving union shop agreements.
W16. Scope rules of agreements covering clerical groups and supervisors in Maintenance of Way and Structures Departments.
E17. Number of employees included in selected reporting divisions.
E18. Classification of railroad employees involved in Union Shop request of the 17 cooperating Railway Labor Organizations, number of employees on 26 Eastern railroads who should be excluded from any union security provisions.
W19. Selected provisions of the Constitutions and by-laws of the 17 cooperating labor organizations.
W20. Confidential, supervisory and other responsible positions in Southern Pacific Company's various departments, now wholly, or partially subject to craft agreements, occupants of which should not be compelled to maintain union membership.
W21 Text of scope rules - clerks' agreements, Western Region.
W22 Variations in agreement coverages of non-operating employees on certain Western railroads.
W23 Table showing voting strength of affiliated unions from the report of the AFL, Executive Board.
W24 National Railroad Adjustment Board Third Division Award, 3916.
W25 National Railroad Adjustment Board Third Division Award, 4060.
W26. Interpretation of the Great Northern Award.
W27. National Railroad Adjustment Board Third Division Award, 4660.
W28. Union Security in the railroad industry.
W29. Opposition to compulsory unionism in the U.S.
W30. Law of the State of Louisiana.
W31. Bureau of Labor Statistics studies on union security.
W32. Union membership requirements in the airline contracts negotiated since the Railway Labor Act was amended.
W33. Compulsory unionism in foreign countries.
W34. The Union Shop would give officials monopolistic and autocratic powers and subject the carriers, their employees and the general public to the hazards of arbitrary and despotic actions. Award, 4087.
W35. National Railroad Adjustment Board Third Division
W36. National Mediation Board Representation Certificates, 1943-1951.
W37. Admission policies of labor unions.
W38. Initiation fees.
W39. Union shop contracts with the Brotherhood of Railroad Trainmen.
40. Brief outline of employees position on Legal Arguments of Southeastern Carriers.
41. Statement of the Committee of:
a. A group of members of the Railway Clerks Union.
b. A group of non-union railway clerks.
c. A group of American citizens opposed to the interruption of commerce.
42. Agreement between Chesapeake and Ohio Railway Company and Order of Railway Telegraphers, July 15, 1949.
43. Memorandum of Understanding March 1, 1948.
44. Chesapeake and Ohio Railway Company schedule of wages and general regulations, October 16, 1947.
45. Memorandum Agreement, February 16, 1948.
46. Executive Order 19155, possession, control and operation of certain railroads.
III. Union exhibits.
1. Notices served requesting union shop and check-off (included in transcript p. 87.)
1a. Brief for the 17 Cooperating Railway Labor Organizations.
2. Development of union shop and check-off policy in Federal Railway Labor Legislation and Regulation.
3. The Union Shop Principle American Arbitration Association and Arbitration Awards.
3a. Supplement to the above.
4. Union shop and check-off provisions in outside industries.
5. Union shop elections under the Taft-Hartley Act.
6. Prevalence of union agreements - Railway unions with outside industries.
7. Union Shop agreements in transportation agencies other than railway.
8. Union Shop clauses in labor agreements of railway controlled companies.
9. Security clauses and practices affecting Company Unions.
10. Membership and dues in Railroad Hospital Association.
11. Collective bargaining agreements with union shop provisions in the railroad industry.
11a. Detailed list of railroads which have signed union agreements with one or more of the 17 cooperating labor organizations.
12. Analysis of carriers statistical data.
13. The Union Shop and Human Rights.
14. Company unions in the Railway Industry - 1926-1933.
15. States Rights under the Railway Labor Act.
16. Supervisory and excepted positions under the Union Shop.