in 1949, Federal district courts have no authority to direct restitution of lost wages as an incident to an order to the Secretary of Labor directing reinstatement of discharged employees.

November 10

THE U. S. SUPREME COURT denied review in Cameron Iron Works, Inc. v. Lodge 12, District 37, International Association of Machinists, thereby in effect affirming a decision by a lower court that a Federal court has authority to compel arbitration, under an arbitration agreement, even though the underlying dispute may involve an unfair labor practice which is exclusively within the jurisdiction of the National Labor Relations Board. (See Chron. item for June 30, 1958, MLR, Aug. 1958.)

THE Federal Wage and Hour Administrator announced that effective February 2, 1959, the weekly salary limits used in determining the exemption of executives and administrative and professional employees from the wage and overtime provisions of the Fair Labor Standards Act will be increased to $80 and $95, respectively. They have been $55 and $75. (For Puerto Rico and the Virgin Islands, the new rates are $55 and $70, respectively.) The minimum for higher paid employees who qualify for exemption under "shortened duty tests" will be raised from $100 to $125.

November 11

AGREEMENT to base hiring of dock workers in New York City on a portwide seniority system was announced by the New York Shipping Association, Inc., and the International Longshoremen's Association (Ind.), which hailed it as the first complete docker seniority system in any major port. (See also p. 66 of this issue.)

November 12

THE NLRB added another requirement to its criteria for legitimate "common situs" picketing, in Seafarers' International Union and Superior Derrick Corp. The Board ruled that union agents, who know from past experience that the appearance of a picket will cause a neutral employer's employees to cease work, must answer inquiries by neutral employees to make it clear that the picketing is not directed at their employer.

November 14

DELEGATES to the annual convention of the United Brotherhood of Carpenters and Joiners reelected their president, Maurice A. Hutcheson, to a new 4-year term, rejected the AFL-CIO's codes of ethical practices, and authorized the union's executive board, if the board so decides, to withdraw the 850,000-member union from the Federation. (See also p. 67 of this issue.)

November 15

A 3-YEAR CONTRACT between the Hughes Aircraft Co. in Los Angeles and the Carpenters went into effect, including

provisions for immediate wage increases of 4 to 7 cents an hour and similar raises a year later, and improved fringe benefits for the 14,000 employees covered. (See also p. 64 of this issue.)

November 16

A CONTRACT between Chrysler Corp. and the United Automobile Workers ended a strike of about 8,000 office and engineering department employees at 34 Chrysler nondefense plants. Terms provided for continuation of the 3-percent annual improvement factor, adjustment of salary inequities, and liberalization of clauses governing seniority, job transfer, and protection against displacement caused by automation. (See also p. 63 of this issue.)

November 18

THE NLRB determined, in Tropicana Products, Inc. and Teamsters, that henceforth it will assert jurisdiction in any case in which an employer refuses to provide the Board with information relevant to its jurisdictional determinations, regardless of whether the employer meets the Board's jurisdictional standards, so long as evidence presented at a hearing shows that the employer is extensively engaged in interstate commerce.

November 19

THE FEDERAL court of apPEALS in New Orleans ruled, in Woodward Iron Co. v. Ware, that discharged employees have the right to sue their employer for the enforcement of their personal rights derived from a collective bargaining contract between their employer and union, irrespective of the union's standing to sue under the Taft-Hartley Act and its interest in prosecuting employee claims under the collective agreement.

November 21

IN A CASE remanded by the Georgia Supreme Court (see Chron. item for June 10, 1957, MLR, Aug. 1957), a State superior court held the Railway Labor Act unconstitutional insofar as it permits unions, through union-shop contracts, to use a substantial portion of their members' dues and assessments for political purposes which are unrelated to collective bargaining and to which some members do not subscribe. The case was Looper v. Georgia Southern and Florida Ry. Co.

November 24

THE U. S. SUPREME COURT ruled that it was beyond the NLRB's power to decline jurisdiction over the hotel industry as a class, since this is contrary to the principles expressed in an earlier decision (see Chron. item for May 6, 1957, MLR, July 1957) that the Board cannot refuse jurisdiction over an entire category of employers. The case was Hotel Employees Local 255 v. Leedom. (See also p. 55 of this issue.)

November 26

THE FEDERAL COURT OF APPEALS in Cincinnati, Ohio, affirmed a lower court's decision that Congress did not violate the due process clause of the Fifth Amendment by failing to require that unions certified under the Railway Labor Act extend membership to all members of a craft regardless of race, that a certified union which bans Negroes from membership does not violate the due process clause, and that the union's certification does not change the union's character as a private association. The case, in which the Supreme Court had denied direct review of the district court's decision, was Oliphant v. Brotherhood of Locomotive Firemen and Enginemen. Chron. item for Dec. 9, 1957, MLR, Feb. 1958.)

(See

REVERSING AN NLRB DECISION (see Chron. item for Oct. 30, 1957, MLR, Dec. 1957), the Federal court of appeals in Washington, D. C., ruled that peaceful picketing

by a minority union for recognition from an employer as bargaining agent, where none had been certified by the Board, was not a violation of the National Labor Relations Act. The case was Drivers Local 639, International Brotherhood of Teamsters v. NLRB.

November 30

MEMBERS of the United Auto Workers ratified a 3-year agreement with the Studebaker-Packard Corp., ending a 4-day strike and providing for an annual-improvementfactor increase of 2.5 percent and an additional increase of 8 cents an hour for skilled workers effective December 1, a temporary suspension (dependent on car sales) of the company's contribution to the supplemental unemployment benefit fund, a reopener on wages in September 1959, and other provisions for about 9,000 workers. (See also p. 63 of this issue.)

491308-59

Developments in Industrial Relations*

Collective Bargaining and Wage Developments

Airlines. Major airline negotiations in November resulted in settlements by 4 carriers; however, 2 additional lines were grounded by strikes at the end of the month.

Terms for ending a monthlong strike of about 2,500 mechanics and other ground-service personnel employed by Capital Airlines, Inc., and represented by the International Association of Machinists were agreed to on November 19. The agreement provided raises of 5 percent retroactive to October 1, 1957, 7% percent for 1958, and 3 percent on October 1, 1959. Increases for the entire agreement period, which runs until September 30, 1960, ranged from 29 cents for cleaners to 46 cents for lead inspectors. Mechanics, who number approximately three-fourths of the bargaining unit, were scheduled to receive 41 cents. Other contract terms included establishment of a severance pay plan, improved sick-leave provisions, and revised holiday pay and seniority clauses.

The Machinists had been demanding a 2-year raise of 42 cents (21 cents retroactive to October 1, 1957); the company's highest previous offer was 38 cents spread over 3 years. In September, a presidential emergency board recommendation of a total 9-percent increase (amounting to about 20 cents) for 1957 and 1958 had been accepted by the 6 airlines negotiating with the Machinists but rejected by the union.

Early in November, during the Capital strike, 6 major airlines presented to the Civil Aeronautics Board for approval a "mutual assistance" agreement when one or more of them were grounded by a labor dispute. The pact, according to an industry official, would be operative only after "all legal methods [of settling a strike had] been exhausted." Under the arrangement, a grounded line would receive from other carriers.

flying the same routes any additional revenues taken in as a result of a strike, less the added costs of handling the extra traffic. Other scheduled airlines had also been invited to join the pact.

George R. Petty, Jr., president of the Flight Engineers Association, denounced the plan as an "illegal cartel," and said his union would "fight every airline in the country" if necessary to defeat it. The Machinists and the Railway Clerks urged the Board to bar the proposed pact, arguing that it would, in effect, make the presidential emergency board's recommendation mandatory and would amount to "repudiation of good-faith bargining" by the airlines for the future. Spokesmen for nonscheduled airlines charged that the agreement was a violation of antitrust laws. On December 4, the Board announced that, pending hearings scheduled for January 14, 1959, members' carriers may continue revenue payments to lines grounded by strikes.3

Shortly before the Capital settlement, the Machinists agreed with Northwest Airlines upon. similar wage increases for about 2,000 workers, but the settlement reportedly did not provide for severance pay. Agreements were later negotiated with National and Northeast Airlines, covering a total of about 2,000 employees.

Other airline negotiations, however, were still unsettled at the end of November. Operations at Eastern and Trans World Airlines were halted by a walkout of about 12,000 IAM members, with the Flight Engineers also on strike at Eastern.* At American Airlines, a threatened work stoppage by members of the Pilots union was temporarily enjoined by a court order.

Mining. Agreement on a $2-a-day wage increase for soft coal miners was announced on December 3 by union and industry spokesmen. The wage settlement-negotiated by the Bituminous Coal Operators Association (representing Northern commercial coal producers and steel and utility companies owning mines) and the United Mine Workers (Ind.)—provided a $1.20-a-day increase

"Prepared in the Division of Wages and Industrial Relations, Bureau of Labor Statistics, on the basis of currently available published material. Capital Airlines, Eastern Airlines, National Airlines, Northeast Airlines, Northwest Airlines, and Trans World Airlines.

American Airlines, Capital Airlines, Eastern Airlines, Pan American World Airways, Trans World Airlines, and United Airlines. Capital Airlines had received at least one payment before the CAB announcement. It will be returned if CAB disapproves the plan. See Monthly Labor Review, September 1958, p. 1028.

effective January 1, 1959, and an additional 80 cents a day beginning April 1, 1959, bringing the basic daily rate to $24.25. The miners' 10-day vacation pay was also raised from $180 to $200. Under the contract, the commercial operators (not including the steel and utility companies) agreed for the first time to restrictions on handling coal mined in nonunion pits. Similar settlement terms were subsequently extended to the Southern Coal Producers Association. A total of 180,000 miners were affected.

Automotive and Farm Equipment. The United Automobile Workers' agreement with the Studebaker-Packard Corp., ratified on November 30, deviated substantially from the Big Three auto pattern. Most important was the suspension of the company's contribution to the supplemental nemployment benefit fund until 60,000 1959 cars have been sold at retail; at this point, the company will begin contributing 2.5 cents per man-hour to the fund and, when 90,000 cars have been sold, the ull 5-cent hourly contribution by the company will be reinstated. Similarly, the effective date of 2tep increases in premium pay for second-and thirdhift work will be dependent on car sales. The nnual improvement factor increase of 2.5 percent minimum of 6 cents an hour) and an additional ncrease of 8 cents for skilled workers were made ffective December 1 instead of being retroactive s at Chrysler, Ford, and General Motors. Also, nlike the Big Three contracts, the agreement proided for negotiations on wages in September 1958 ather than for a specified deferred increase in that ear. There was also provision for reopening on UB and pensions at that time; 15 cents of the 25ent cost-of-living allowance was incorporated into ase rates.

At Chrysler Corp., agreement to end a strike of bout 8,000 office and engineering department emloyees represented by the UAW was reached on Jovember 16. The settlement continued the 3ercent annual improvement factor increase of the revious contract (the production workers conact provides for 21⁄2 percent) with a minimum eekly increase of $2.53. Other contract terms, owever, differed from the settlement reached in ctober with the production workers; they called

for adjustment of salary inequities and more liberal provisions relating to seniority, job transfer, and protection against displacement by automation.

The UAW also encountered difficulties in extending the terms of the automobile settlements to the auto parts industry. A 3-year contract with the Dana Corp. one of the first major automotive parts manufacturers to reach agreement with the union-substantially followed the auto pattern but with at least one major deviation. Basic wagerate increases for each contract year amounted to a flat 6 and 7 cents. About 5,500 workers in Indiana, Ohio, Michigan, New York, and Pennsylvania were affected.

At Sealed Power Corp., an 8-day strike by UAW members was settled on November 11 but with considerable modifications from the auto pattern. The new contract runs until March 1, 1962 (6 months longer than the Big Three agreements); there is no immediate wage increase; and the cost-of-living allowance will be frozen until December 1, 1959. In November 1959, rates of pay will be raised by 6 cents an hour plus an additional 8 cents for skilled workers; another 6-cent increase is not scheduled until 1961. About 800 workers were affected.

In the farm equipment field, settlement was reached early in November (and unlike other related industry settlements without resort to strike action) by Deere and Co. and the Auto Workers for about 13,500 workers. The 3-year agreement continued an annual improvement factor increase of 3 percent of 1955 wage scales, with the first increase retroactive to August 18, and subsequent increases effective September 14, 1959, and October 12, 1960. Additional increases for skilled workers, together with incorporation of part of the cost-of-living allowance into base rates, were also provided. Pension benefits were raised from $2.25 to $2.50 a month for each year of service for present and future retirees. Supplemental unemployment benefits (SUB) were liberalized as in the auto contracts; a severance pay plan, financed from the SUB fund, was established; a fourth week of vacation after 25 years' service was added; and the duration of hospital benefits was lengthened from 70 to 120 days.

The Caterpillar Tractor Co. and the Auto Workers, on strike since October 11, reached contract agreement on November 26 for about 12,000 workers at the company's plants in East.

Peoria and Morton, Ill. The settlement provided first-year raises totaling 8 to 17 cents an hour, including 6 to 15 cents retroactive to August 4 when the previous contract expired, a 1-cent costof-living adjustment retroactive to September 1, and a 1-cent general increase on December 1. Additional 6- and 7-cent wage increases are scheduled for October of 1959 and 1960, respectively. Other changes liberalized vacation pay for employees with 10 to 15 years of service and increased pension benefits. Early in December, employees at the company's Decatur plant, also on strike, rejected a similar contract proposal despite recommendation by a regional UAW representative that the agreement be accepted. The UAW, as one of its contract demands, had been seeking a "master" contract with the company.

Tentative agreement for ending a 5-day strike by 13,500 United Automobile Workers at the Bendix Aviation Corp. was reached on November 23. The settlement-following the automobile pattern-continued the improvement-factor and cost-of-living clauses of the previous contract and provided additional wage increases for skilled workers. Improvements in supplemental unemployment benefits and in the pension plan were also reportedly included.

Aircraft. About 18,000 employees of United Aircraft Corp., Pratt and Whitney Division, represented by the International Association of Machinists, received wage increases ranging from 7 to 12 cents an hour. Ratified on December 1 by union members, the settlement covered employees in 5 plants in the Hartford, Conn., area; negotiations were conducted under a wage reopening clause of a 2-year contract signed in 1957. The company announced that about 10,000 unorganized salaried workers would receive comparable pay advances of 3 percent effective December 1.

Pay increases, retroactive to October 6 and ranging from 5 to 22 cents an hour, were agreed to by the UAW and Tempco Aircraft Corp. for about 4,500 workers in 3 Texas plants. The agreement also made provision for a 3-percent pay advance in October 1959, and reestablished a costof-living escalator clause that was discontinued in 1956.

Hughes Aircraft Co. and the Carpenters union announced on November 3, the terms of a 3-year contract covering about 14,000 workers in southern

California. Effective November 15 and again next November, wage levels were to go up 4 to 7 cents an hour. The settlement also made provision for a wage reopening in 1960, added a fourth week of vacation after 20 years' service, liberalized hospital benefits, and incorporated the existing 12-cent cost-of-living allowance into base rates. The escalator clause was continued.

Other Metalworking. A 10-cent hourly pay increase, retroactive to September 1, for about 15,000 workers was agreed to by the Raytheon Manufacturing Co. and the International Brotherhood of Electrical Workers. The 3-year contract also called for an additional 10-cent wage increase in 1959, establishment of a pension plan, and liberalized welfare benefits. A reopening on wages and fringe benefits was scheduled for 1960.

On November 22, the Kohler Co. announced a 5-percent wage increase, effective November 24, for its hourly, incentive, and nonexempt salaried employees. During the month, the National Labor Relations Board had ordered new hearings on the case arising out of the United Automobile Workers dispute with the company, which has been in effect since April 1954. Both parties had petitioned the Board for such hearings on the basis of testimony presented before the U. S. Senate Select Committee on Improper Activities in the Labor or Management Field earlier in 1958.8

Paper and Printing. In early November, the Pacific Coast Association of Pulp and Paper Manufacturers and the United Papermakers and the International Brotherhood of Pulp, Sulphite and Paper Mill Workers agreed on a 5-cent-anhour wage increase for women and a 2.5-percent increase for men, retroactive to June 1, 1958, with the latter supplemented by 5 cents an hour for maintenance workers. About 20,000 workers in 44 mills in Oregon, Washington, and California were affected. The two unions and the employer association had agreed in May 1958 to waive contract demands until fall.

9

Three-step pay increases totaling $8 a week were included in a 2-year contract reached between the International Typographical Union and commercial printing shops in the Chicago area.

7 See Monthly Labor Review, February 1958, p. 194. See Monthly Labor Review, May 1958, pp. 539-540. See Monthly Labor Review, July 1958, p. 781.