U.S. Emergency Board No. 98 Records

Collection Number: 5039

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

DESCRIPTIVE SUMMARY

Title:

U.S. Emergency Board No. 98 Records, 1926-1951

Collection Number:

5039

Creator:

U.S. Emergency Board

Quantity:

2 linear ft.

Forms of Material:

Records (documents).

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. Emergency Board No. 98.

Subjects:

Collective bargaining--Railroads--United States.

Open and closed shop--United States.

Form and Genre Terms:

Records (documents)

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:

U.S. Emergency Board No. 98 Records #5039. Kheel Center for Labor-Management Documentation and Archives, Cornell University Library.

RELATED MATERIALS

CONTAINER LIST

Container		Description	Date
Box 1		Transcripts. Carrier Exhibits.
Box 1	Folder 1	Transcripts. 21 Volumes. 2188 Pages.
Box 1	Folder 2	1. Index to the record and summary of the evidence. Brief filed on behalf of certain Western Carriers and the Pullman Company
		Carrier Exhibits 1 and 2 as listed in the transcript are missing, but all exhibits listed here are included.
Box 1	Folder 3	1a. Brief on behalf of 31 Southwestern Carriers
Box 1	Folder 4	2. Memorandum brief filed by Eastern and Western Carriers on the Right to Strike and its relation to the function of an Emergency Board
Box 1	Folder 5	2a. Summary of opening statement by Donald Richberg.
Box 1	Folder 6	1. Constitutions of the 17 unions involved and the Railway Employees Department
Box 1	Folder 7	2. Circular 1823, of January 29, issued to all general chairmen by Leighty
		No year listed
Box 1	Folder 8	W3. The Union Shop Amendment to the Railway Labor Act is Unconstitutional
Box 1	Folder 9	W4. Union shop agreements with these organizations would operate to deprive railroad employees of their constitutional rights
Box 1	Folder 10	E5. The handling of union shop demand
Box 1	Folder 11	E6. Supervisory employees
Box 1	Folder 12	E7. Rules governing classification of railroad employees
Box 1	Folder 13	E7a. Pennsylvania Railroad Monthly Report of Employees, Service and Compensation
Box 1	Folder 14	E8. Exclusions from the union shop agreements in the railroad industry
Box 1	Folder 15	E9. Exclusion from coverage of collective bargaining agreements in industries other than railroads
Box 1	Folder 16	E10. Analysis of exclusions from agreements containing Union Shop, Modified Union Shop, or Maintenance of Membership Provisions - Industries other than railroads
Box 1	Folder 17	E11. Employers' protection clauses in union security agreements
Box 1	Folder 18	E12. Universal Declaration of Human Rights
Box 1	Folder 19	W13. Agreement between Chancellor Canfield Midway Oil Company and the Oil Workers International Union
Box 1	Folder 20	W14. Job classification and geographical location of employees of Santa Fe protesting execution of Union Shop Agreements
Box 1	Folder 21	W15. State involving union shop agreements
Box 1	Folder 22	W16. Scope rules of agreements covering clerical groups and supervisors in Maintenance of Way and Structures Departments
Box 1	Folder 23	E17. Number of employees included in selected reporting divisions
Box 1	Folder 24	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
Box 1	Folder 25	W19. Selected provisions of the Constitutions and by-laws of the 17 cooperating labor organizations
Box 1	Folder 26	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
Box 1	Folder 27	W21. Text of scope rules - clerks' agreements, Western Region
Box 1	Folder 28	W22. Variations in agreement coverages of non-operating employees on certain Western railroads
Box 1	Folder 29	W23. Table showing voting strength of affiliated unions from the report of the American Federation of Labor, Executive Board
Box 1	Folder 30	W24. National Railroad Adjustment Board Third Division Award, 3916
Box 1	Folder 31	W25. National Railroad Adjustment Board Third Divisions Award, 4060
Box 1	Folder 32	W26. Interpretation of the Great Northern Award
Box 1	Folder 33	W27. National Railroad Adjustment Board Third Division Award, 4660
Box 1	Folder 34	W28. Union security in the railroad industry
Box 1	Folder 35	W29. Opposition of compulsory unionism in the United States
Box 1	Folder 36	W30. Law of the State of Louisiana
Box 1	Folder 37	W31. Bureau of Labor Statistics studies on union security
Box 1	Folder 38	W32. Union membership requirements in the airline contracts negotiated since the Railway Labor Act was amended
Box 1	Folder 39	W33. Compulsory unionism in foreign countries
Box 1	Folder 40	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
Box 1	Folder 41	W35. National Railroad Adjustment Board Third Division Award, 4087
Box 1	Folder 42	W36. National Mediation Board Representation Certificates	1943-1951
Box 1	Folder 43	W37. Admission policies of labor unions
Box 1	Folder 44	W38. Initiation Fees
Box 1	Folder 45	S39. Union shop contracts with the Brotherhood of Railroad Trainmen
Box 1	Folder 46	40. Brief outline of employees position on Legal Arguments of Southeastern Carriers
Box 1	Folder 47	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.
Box 1	Folder 48	42. Agreement between Chesapeake and Ohio Railway Company and Order of Railway Telegraphers	1949
		July 15, 1949.
Box 1	Folder 49	43. Memorandum of Understanding	1948
		March 1, 1948
Box 1	Folder 50	44. Chesapeake and Ohio Railway Company schedule of wages and general regulations	1948
		October 16, 1948.
Box 1	Folder 51	45. Memorandum Agreement	1948
		February 16, 1948
Box 1	Folder 52	46. Executive Order 19155, possession, control, and operation of certain railroads
Box 2		Union Exhibits
Box 2	Folder 1	1. Notices served requesting union shop and check-off (included in transcript page 87)
Box 2	Folder 2	1a. Brief for the 17 Cooperating Railway Labor Organizations
Box 2	Folder 3	2. Development of union shop and check-off policy in Federal Railway Labor Legislation and Regulation
Box 2	Folder 4	3. The Union Shop Principle - American Arbitration Association and Arbitration Awards
Box 2	Folder 5	3a. Supplement to the above
Box 2	Folder 6	4. Union shop and check-off provisions in outside industries
Box 2	Folder 7	5. Union shop elections under the Taft-Hartley Act
Box 2	Folder 8	6. Prevalence of union agreements - Railway unions with outside industries
Box 2	Folder 9	7. Union Shop agreements in transportation agencies other than railway
Box 2	Folder 10	8. Union Shop clauses in labor agreements of railway controlled companies
Box 2	Folder 11	9. Security clauses and practices affecting Company Unions
Box 2	Folder 12	10. Membership and dues in Railroad Hospital Association
Box 2	Folder 13	11. Collective bargaining agreements with union shop provisions in the railroad industry
Box 2	Folder 14	11a. Detailed list of railroads which have signed union agreements with one or more of the 17 cooperating labor organizations
Box 2	Folder 15	12. Analysis of carriers statistical data
Box 2	Folder 16	13. The Union Shop and Human Rights
Box 2	Folder 17	14. Company unions in the Railway Industry	1926-1933
Box 2	Folder 18	15. States Rights under the Railway Labor Act, Amendments	1951

Contents

U.S. Emergency Board No. 98 Records

Collection Number: 5039

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