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II. TERM OF OFFICE OF REPRESENTATIVES AND VACANCIES

1. Employees' representatives shall be elected for a term of 1 year and shall be eligible for reelection.

2. An employees' representative may be recalled upon the approval by the joint committee 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 employees' 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 regular position as would make him one of the persons described in paragraph 3 of section III hereof.

4. Vacancies in the office of an employees' representative, for which there is no alternate, as described in paragraph 16 of section IV hereof, may be filled for the unexpired term, in the discretion of the joint committee, by special elections conducted in the same manner as the regular annual elections.

III. QUALIFICATIONS OF REPRESENTATIVES AND VOTERS

1. Any employee who has been on the company's pay rolls for a period of at least 1 year immediately prior to nominations; who is 21 years of age or over, and who is an American citizen, shall be considered qualified for nomination and election as an employees' representative.

2. All employees who have been on the company's pay rolls for a period of at least 60 days immediately prior to nominations and who are 18 years of age or over, shall be entitled to vote.

3. Company officials and persons having the right to hire or discharge, or holding regularly a purely supervisory position, shall not be eligible as employees' representatives.

IV. NOMINATIONS AND ELECTIONS

1. Nominations and elections of employees' representatives shall be held annually in the month of May. Nominations (after the first nominations and election) shall be held on the second Tuesday and elections on the following Friday of such month. In the event of either of these days being a holiday, then the nomination or election, as the case may be, that otherwise would be held on such day, shall be held on the next succeeding full business day.

2. Nominations and elections shall be conducted by the employees themselves in accordance with rules and regulations prescribed by the joint committee, 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 influence or interference with voters in any manner whatsoever, and to prevent any fraud in the casting or counting of ballots.

NOMINATIONS

4. On the day of nominations, each qualified voter shall be furnished a pallot stating the number of persons for whom he is entitled to vote. Such voter shall write on ballot the names or check numbers of the persons in his voting division whom he desires to nominate for election as employees' representatives.

5. A voter may place in nomination twice the number of representatives to which his voting division is entitled.

6. If on any ballot, the name or check number of the same person shall appear more than once, the ballot shall be counted as a vote for such person only once.

7. In case the number of persons whose names or check numbers appearing on any ballot shall exceed the designated number as stated on the ballot, the ballot shall be void.

8. There may be three persons nominated for every office of employees' representative to be filled.

9. Those employees who received the largest number of votes, in any voting division, equal to three times the number of representatives to be elected shall be declared nominated and shall be candidates for election.

ELECTIONS

10. On the day of elections each qualified voter shall be furnished by the joint committee, through tellers designated by such committee, a ballot on which the names of the candidates for employees' representatives shall be printed in the order of number of votes received at nominations. In case two or more persons shall have received at nominations the same number of votes, then the names shall be placed in the alphabetical order of their respective

surnames.

The voter shall indicate his preference by placing a cross (X) opposite the name of the candidate or the name of each of the candidates of his choice.

11. The number of candidates for whom the employees in each voting division shall be entitled to vote for employees' representatives of such voting division shall be stated on the ballot. If this number is exceeded, the ballot shall be void.

12. Each voter shall deposit his own ballot in a box provided for the purpose by the joint committee, and the ballots shall be counted under the direction and supervision of the members of said committee who shall be employees' representatives at the time in office. The candidate or candidates of each voting division receiving the highest number of votes (in accordance with the number to be elected) shall be declared elected as the employees' representative or representatives of such voting division.

13. In the event of a tie, selection shall be made by lot under the direction of the joint committee.

14. In the event of a controversy arising concerning any nomination or election, it shall be referred to and decided by the joint committee.

15. The joint committee may make such provision as they may consider necessary for assisting any voter who may so request, in properly marking the ballot.

16. Candidates failing of election shall stand as alternates in the order of the number of votes received and in such order shall become employees' representatives as need may arise through vacancies.

V. MANAGEMENT'S REPRESENTATIVE

The company shall appoint a 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.

VI. JOINT COMMITTEES

1. The joint committee shall consist of the committee of the employees' representatives with the addition of the company's representatives named by the management, who may equal but shall not exceed in number the employees' representatives.

2. The joint committee shall select their own officers and arrange their own procedure.

VII. COMMITTEE MEETINGS

1. After each annual election the employees' representatives shall meet immediately for the purpose of electing a chairman, vice chairman, and secretary for the general body of employees' representatives.

2. Regular meetings of the general body of employees' representatives shall be held once each month.

3. Regular meetings of the joint committee shall be held once each month. 4. The joint committee and general body of employees' representatives shall meet between the hours of 3 and 5 in the afternoon, unless otherwise determined by joint approval of the chairman of the general body of employees' representatives and the management's representative.

5. Special meetings of the joint committee may be held as occasion may require, on approval of the chairman of the general body of employees' representatives and the management's representative.

6. 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.

7. Any matter may be referred by the management through the management's representative to the joint committee for consideration and report, and any matter may be presented by the joint committee to the management through the management's representative.

8. The company shall arrange a suitable place for meetings of the general body of employees' representatives and of the joint committee and the company shall defray such expenses as are necesarily incident to the discharge of duties herein set forth, when approved by a majority of the joint committee.

IX. PROCEDURE FOR ADJUSTMENTS

1. Any matter which in the opinion of any employee requires adjustment, and which such employee has been unable to adjust with the foreman of the work on which he is engaged, may be taken up by such employee, either in person, or through any representative of his voting division in writing, first with the department head; second, with the management's representative; third, with the management, who shall endeavor to effect a settlement, or who may with the approval of all the parties refer the matter to the joint committee.

2. Unless satisfactory disposition of any such matter has been effected within a reasonable time, any employee through his representative, or the management through the management's representative, may require such matter to be referred to the joint committee, by a request in writing addressed to said committee specifying in detail the matter requiring adjustment and the reasons which warrant its consideration by said committee.

The joint committee shall consider any such matter with reasonable promptness, at a regular or special meeting, and may adopt such means as are necessary to ascertain the facts and effect a settlement.

3. If the joint committee shall fail to effect a settlement, the president of the company shall be notified, and the matter may be referred, if the president and a majority of the employees' representatives on the joint committee agree to such reference, to an arbitrator or arbitrators, to be determined at the time according to the nature of the controversy.

X. GUARANTEEING THE INDEPENDENCE OF REPRESENTATIVES

1. It is understood and agreed that each representative shall be free to discharge his duties in an 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.

2. To insure to each 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 the management's representative, to any of the superior officers, to the joint committee, and to the president of the company.

Mr. LESINSKI. And here is a plan by the Fisher Body Co. (The plan above referred to is as follows:)

[blocks in formation]

I hereby voluntarily make application to become a member of Fisher Body Employees Cooperative Association of Cleveland, Ohio, and agree to abide

by the constitution of such association, which has been submitted to me, and to be represented as therein provided.

Date_

Signed.

(Employee's signature)

Received...

(Chairman-Secretary)

FISHER BODY EMPLOYEES' COOPERATIVE ASSOCIATION,

Cleveland, Ohio, May 2, 1934.

To employees of Fisher Body, Cleveland division, who are not members of Fisher Body Employees' Cooperative Association of Cleveland, Ohio:

On April 14, 1934, we addressed to you a letter, copy of which is enclosed, disclosing the formation of Fisher Body Employees' Cooperative Association of Cleveland, Ohio. With such letter was enclosed an application blank which an employee must sign to become a member of the association, and a copy of the constitution of the association.

Since the date of such letter over 3,500 employees at the Cleveland plant of Fisher Body have become members of the association, but you have not done so. The employees' committee, the governing body of the association, is composed of employees at the plant where you are working and were elected by you. We believe that this committee can more effectively represent you in bargaining collectively with the company than can any outside individual or group of individuals, and that it is in your interest to become a member of the association.

You, consequently, are urged immediately to sign the enclosed application blank and either deliver it to any of the following individuals, or mail it in the enclosed envelop, which will make you a member of the association.

Very truly yours,

George Kromer, Daniel Small, Ray Adams, Dick Chandler, Walter E.
Doughty, Henry Dreyer, Edith Hall, George Hill, J. P. Keating,
Frank Maslaynak, Leo Puchalla, Fred Reading, Agnes Renfrew,
George Smith, Employees' Committee.

FISHER BODY EMPLOYEES COOPERATIVE ASSOCIATION OF CLEVELAND, OHIO,

To employees of Fisher Body Cleveland Division:

April 14, 1934.

In August 1933 a plan was adopted for representation of the employees of Fisher Body at its Cleveland plant, which resulted in their election of a works conference. This works conference has negotiated with representatives of the company on a great number of matters affecting the employees, and it is believed that this has been to their distinct advantage.

However, the conference believes that it can represent the employees more effectively if the plan is revised through the adoption of a revised constitution. Under this constitution, which was adopted by the works conference and a copy of which is enclosed, an association is created under the name Fisher Body Employees' Cooperative Association of Cleveland, Ohio. Under this an employees' committee will be elected annually from the various major departments, so that every employee who is a member can take his complaints to a fellow employee in his own department and know that he will be represented adequately and forcefully in negotiations and collective bargaining with the company. The election of the employees' committee will be by secret ballot under the sole control of employees who are members of the association. The members of the present works conference will serve as this employees' committee until the first election, which will be held in July of this year.

To become a member of the association you must fill out and sign the enclosed application blank and either deliver it to your representative upon the employees' committee or mail it in the enclosed envelope to the secretary of the association. Employees can secure the benefits of this plan and representation of their interest by the employees' committee only by signing and delivering this application blank.

It is believed that the employees' committee, which is composed of employees at the plant where you are working and whom you elected, can more effectively represent you in bargaining collectively with the company than can any outside individual or group of individuals not familiar with the work or the conditions of your employment. The employees' committee is not and will not in any way be under the control or domination of the company or its management. No one from the company even has the right to attend meetings of the employees' committee, and the committee is and will be interested solely in representing and helping you.

It is hoped that the small expense of running the association can be financed by dances and other social affairs. At all events, the members of the association will not be requested to make any payments. You need not pay dues in order to get a square deal.

You are urged immediately to sign the enclosed application blank and deliver it to any of the following individuals or mail it in the enclosed envelope, which will make you a member of the association.

Very truly yours,

George Kromer, Daniel Small, Ray Adams, Dick Chandler, Walter E.
Doughty, Henry Dreyer, Edith Hall, George Hill, J. P. Keating,
Frank Maslaynak, Leo Puchalla, Fred Reading, Agnes Renfrew,
George Smith, Employees' Committee.

Mr. LESINSKI. I have here a record of a shop committee meeting that was held under the auspices of the employers on January 29, 1935, and here is another report on a shop committee meeting on February 5, 1935.

(The reports above referred to are as follows:)

SHOP COMMITTEE MEETING, CLOSED, JANUARY 29, 1935

Department 134: Reports that the floor needs to be fixed.

Department 162: Would like to have the roof fixed. Faucets need fixing in locker room. Would like to have immediate attention. Department does not get enough stock.

Production control: Would like to have a new floor. Reports that oil from the screw department leaks through. It was brought up by three different representatives, and it was never taken care of.

Department 561: Would like to have window sash fixed. It chills the

glue.

Department 563: Windows have not been painted as yet in the tool room. The tool and die makers are asking for more money.

The shop committee suggests that all the employees who are to get service pins should get them as soon as possible.

Shop committee suggests we should have a gavel at our meetings.
Shop committee reports that the cars are not parked in the lanes.

M. SMAREK, Secretary.

SHOP COMMITTEE MEETING, OPEN, FEBRUARY 5, 1935

Minutes of previous meeting read and approved.

Kleinecke.-Mr. Kleinecke commented on the minutes of the previous meeting as follows:

Flooring has been ordered for department 134 and stock room. Floors will be fixed as soon as this material arrives.

Regarding new floor in department 541, we hesitate to rip up this floor as part of our plans apprehend vacating this building. We do not desire to go to this expense unless it is absolutely necessary. Probably we could exercise a little more care as we do not want to put a new concrete floor in this department that might only be used temporarily.

Window sash will be fixed in department 561 very soon.

Messrs. Kovach and Colegrove are checking into the roof in department 162. Regarding leaky faucets throughout the plant, Mr. Grothe suggests we have someone in each department check the faucets at noon and evening to make sure they are shut off tight. We could also shut off the main valve

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