Reconvening of board of inquiry.

adjust and settle their differences, with the assistance of the Service created by this Act. Neither party shall be under any duty to accept, in whole or in part, any proposal of settleinent made by the Service. (b) Upon the issuance of such order, the President shall reconvene the board of inquiry which has previously reported with respect to the dispute. At the end of a sixty-day period (unless the dispute has been settled by that time), the board of inquiry shall report to the President the current position of the parties and the efforts which have been made for settlement, and shall include a statement by each party of its position and a statement of the employer's last offer of settlement. Secret ballot of em- The President shall make such report available to the public. The National Labor Relations Board, within the succeeding fifteen days, shall take a secret ballot of the employees of each employer involved in the dispute on the question of whether they wish to accept the final offer of settlement made by their employer as stated by him and shall certify the results thereof to the Attorney General within five days thereafter.

ployees.

Discharge of Injunc

tion.

SEC. 210. Upon the certification of the results of such ballot or upon a settlement being reached, whichever happens sooner, the Attorney General shall move the court to discharge the injunction, which motion Report to Congress. shall then be granted and the injunction discharged. When such motion is granted, the President shall submit to the Congress a full and comprehensive report of the proceedings, including the findings of the board of inquiry and the ballot taken by the National Labor Relations Board, together with such recommendations as he may see fit to make for consideration and appropriate action.

COMPILATION OF COLLECTIVE BARGAINING AGREEMENTS, ETC.

SEC. 211. (a) For the guidance and information of interested representatives of employers, employees, and the general public, the Bureau of Labor Statistics of the Department of Labor shall maintain a file of copies of all available collective bargaining agreements and other available agreements and actions thereunder settling or adjusting labor disputes. Such file shall be open to inspection under appropriate conditions prescribed by the Secretary of Labor, except that no specific information submitted in confidence shall be disclosed.

(b) The Bureau of Labor Statistics in the Department of Labor is authorized to furnish upon request of the Service, or employers, employees, or their representatives, all available data and factual information which may aid in the settlement of any labor dispute, except that no specific information submitted in confidence shall be disclosed.

EXEMPTION OF RAILWAY LABOR ACT

SEC. 212. The provisions of this title shall not be applicable with respect to any matter which is subject to the provisions of the Railway 45 U. 8. C. 151- Labor Act, as amended from time to time.

44 Stat. 577.

163, 181-188.

VII-b. (Source: Federal Mediation and Conciliation Service. In Synopsis of Presidential Boards of Inquiry Created under National Emergency Disputes Provisions of the Labor Management Relations Act, 1947 (revised March 1967))

EMERGENCY DISPUTES UNDER THE TAFT-HARTLEY ACT

A Synopsis of:

Presidential Boards of Inquiry

Created under the national emergency provisions of the
Taft-Hartley Act.

18.

Maritime Dispute, Atlantic Gulf and Pacific Coasts, 1961

E.O. 10949

24.

22. Lockheed Aircraft Corporation Dispute, 1962-1963

25.

26.

Longshore Dispute, Atlantic and Gulf Coasts, 1964
General Electric Company-Evandale, Ohio Dispute, 1966
Union Carbide-Kokomo Dispute, 1966-7

E.O. 11314

E.0. 11321

*There were two separate disputes affecting employees of the Carbide and Carbon Chemicals Company. Although the members of the Boards of Inquiry were identical in each case, the Boards were created by separate Executive Orders and their hearings were also conducted separately.

E.O. 11068

E.O. 11078

E.0. 11181

Parties:

Location:

Proceedings:

Settlement:

Presidential
Report to
Congress:

Work
Stoppage
Data:

Mediation
Activity:

1. ATOMIC ENERGY, March-June, 1948

Carbide and Carbon Chemicals Corporation v. Atomic Trades and
Labor Council (AFL) 900 in unit

Oak Ridge, Tennessee

Board Created:

March 5, 1948, by E. 0. 9934, because of

threatened strike.

Board Members:

John Lord O'Brian, New York and Washington attorney, Chairman
C. Canby Balderston, Wharton School of Finance and Commerce,
University of Pennsylvania

Stanley F. Teele, Harvard Graduate School of Business Adminis-
tration

Henry G. Baker, Jr., Executive Assistant

Initial Report: March 15, 1948.

Board Reconvened: March 24, 1948 by the President.

Injunction Issues: March 19, 1948, USFDC, East Tennessee.

Final Report of Board: May 18, 1948, found parties' positions unaltered.

Final Offer Ballot: June 1 and 2, 1948. Employer's final offer rejected 771-26.

Injunction Dissolved: June 11, 1948.

June 15, 1948, after continued negotiations without resort to strike following dissolution of injunction. Terms of agreement provided for wage increases ranging from 6¢ to 401⁄2¢ retroactive to December 18, 1947, (average of 15); and modified sick leave benefits.

June 18, 1948, with recommendation that a study be undertaken to suggest special methods for handling Atomic Energy disputes.

No strike. Injunction issued on threat of strike. Following
dissolution of injunction, employees continued to work during
continued negotiations.

The Service actively entered the case on February 24, 1948.
Joint and separate conferences were held in Oak Ridge, Tennessee,
Knoxville, Tennessee, and Washington, D. C., under the direction
of the Assistant Director, William N. Margolis, and Commissioner
Clyde M. Milis. The Service also maintained a close liaison
with the Atomic Energy Commission. Both before and during the
period of injunction order, the Service brought the parties
together on numerous occasions in an effort to induce them to
reach a settlement. These efforts were intensified during the
last days of the injunction period but were without effect in
producing an agreement. Immediately after the discharge of the
injunction, the parties were again convened in joint session by
the Service, and remained in session for over 50 hours. These
negotiations finally produced an agreement.

Parties:

Location:

Proceedings:

Settlement:

Work
Stoppage
Data:

Mediation

Activities:

2. MEATPACKING DISPUTE, March-June, 1948

Five major meatpacking companies--Armour, Swift, Cudahy, Wilson, and Morrell--(182,000 employees) v. United Packinghouse Workers of America (CIO), 83,000 in unit.

Nationwide

Board Created: March 15, 1948, by E. 0. 9934-A because of
threatened strike March 16, 1948.

Board Members:

Nathan P. Feinsinger, University of Wisconsin Law School,
Chairman

Pearce Davis, Department of Business and Economics, Illinois
Institute of Technology

Walter V. Schaefer, Northwestern University Law School

John E. Dietz, Executive Assistant

Board Report: April 8, 1948. There was only one report, delayed at the Board's request from April 1, 1948. Board analyzed the union's demand for 29¢ per hour increase in wages and the companies' offer of a 9¢ per hour increase. (No further action was taken under the national emergency provisions of the LMRA.)

Wages were the only issue. Settlement provided wage increases of
9¢ per hour. Settlements reached with Swift, Armour, Morrell and
Cudahy plants on May 21, 1948. Settlement at Wilson plants, June 5,
1948, under approximately the same terms.

Strike at all plants from March 16, 1948, to May 21, 1948, involved 83,000 workers. Strike continued at 7 Wilson plants until June 5, 1948, with 10,000 employees participating.

The Service entered the case on February 23, 1948, with the
assignment of Commissioner T. J. Cleland to the dispute. Shortly
thereafter Mr. Cleland was joined in the mediation effort by
Regional Director J. J. Spillane and Assistant Regional Director
J. P. Holmes. The three-man panel met with the parties on numerous
occasions and offered several suggestions for resolving the dis-
pute. Among these were: (1) arbitration, (2) extension of con-
tract, (3) extension of the strike deadline, and (4) submission
of the companies' final offer to the employees. All suggestions
were alternately unacceptable to one or the other of the parties.
Mediation was interrupted by the appointment of the Board of
Inquiry but was resumed immediately following submission of the
Board's report. Despite unrelenting and determined mediation
efforts, the strike continued until the union accepted the
employers' original offer of a 9¢ per hour wage increase.