Council Policy (Page 2)

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XI—Labor Saving Equipment and Safety
(Adopted February 1955)

The history of the Electrical Contracting Industry shows that increased production has benefited Management, Labor and the Public. The use of new methods, new tools and new equipment which increase productivity should always be encouraged, except when safety of the workmen or the quality of the job are adversely affected.

Arbitrary restrictions on laborsaving devices, merely because they change previous methods, are uneconomic and unsound. Such restrictions invariably penalize the employer so restricted, and give competitive advantages to those not subject to the restriction. In addition, the restrictions make it more difficult to obtain and retain jurisdiction over work properly belonging to the electrical worker.

The Council believes the safety of the workmen is of prime importance to both the employee and the employer. In every job situation hazards should be eliminated, or if that is not possible, reduced to the absolute minimum. An unsafe job condition is not made less hazardous by premium pay.

The Council believes that any tool, or piece of equipment, can be hazardous if handled carelessly, not properly maintained or used by workmen not properly trained in its use.

It is the position of the Council that Safety should be continuously stressed on all jobs, and that the use of new methods or new devices should not be restricted unless bona fide objections exist on the grounds of Safety.

XII—Interpretation of Existing Clauses Submitted for Adjudication
(Adopted February 1959)

The Council reserves unto itself the right to change or substitute wording, if deemed advisable by the Council, when existing sections of agreements are submitted to the Council for interpretation as to their application or intent.

XIII—General Distribution of Council Decisions, Etc.
(Adopted November 1962)

The Council’s hearings are open to the public, but the briefs and other documents submitted by disputants are their private property. Industry conditions vary greatly from area to area and from time to time, hence, Council decisions do not set precedents and are not intended to be used to establish patterns for local bargaining; therefore, copies or condensations of disputants’ papers, or of Council decisions, will not be given general distribution by the Council and should not be so distributed by either of its sponsors.

XIV—Submissions Prior to Anniversary Date of Agreement
(Adopted November 1967) (Revised May 1987)

The Council recognizes that the customer relationship with the electrical contracting industry, for the most part, precludes retro billing to compensate the employer for retroactive wage increases due the employee. By a like token, the employee has an equal right to expect the benefits of collective bargaining will become effective as of the date following the expiration of the previous period of contract. In view of these axioms, the Council reserves its inherent right to accept and adjudicate issues submitted prior to the anniversary date of an agreement so that the changes may become effective when due.

If, after reviewing a case submitted to the Council for adjudication it is determined that the parties have not made a good faith effort to resolve the issues in dispute, the Council may, at it’s discretion decline to accept the case. Where 60 days or more of the negotiating period, as defined in the agreement, remain prior to the pending Council session, the parties shall continue to negotiate on the local level and resubmit the unresolved issues to the following meeting of the Council.

The Council reserves the right to render a decision which will become effective as of the anniversary date of the agreement, even though the anniversary date may have passed. In this connection, the Council may adjust the anniversary date to eliminate the necessity of making retroactive awards in the event of deadlocked negotiations in the future.

The local parties are urged to request assistance through their District or Regional offices.

XV—Council Clauses for Labor Agreements
(Adopted September 1931) (Revised February 1956, November 1967, February 1975)

The Council recommends inclusion of appropriate language in Article I of all Electrical Contracting Industry local labor agreements, to provide for local grievance procedure. The services of the Council are also available for wage negotiations on a voluntary or mandatory basis as decided by the parties in conjunction with Council policy.

XVI—Council Policy Governing ALL Wage Negotiations
Submitted Via the Modified CIR Language, as Revised February 1975.
(Adopted May 1976)

Prior to the Council hearing either a “timely” case or a “work stoppage” case, the authorized representatives of the parties to the agreement in question shall be required to sign a Form, supplied by the Council and identified by the above adoption date of May 1976, wherein certain terms and conditions are mutually agreed to by the parties to the agreement, as a prerequisite to adjudicating the wage negotiation issues.

XVII—Executive Committee Referrals
(Adopted February 1977)

Pursuant to Rules X and XVI of Council Structure and Basic Rules of the Council on Industrial Relations, and pursuant to the authority of the two sponsoring organizations, the International Brotherhood of Electrical Workers and the National Electrical Contractors Association, and in order to formally implement and clarify the past custom and practice of the Council on Industrial Relations, the Executive Committee has resolved and made it a Rule of Council Structure and Basic Rules that, whenever the Council deadlocks or is unable to reach a unanimous decision after full deliberation and all means of reaching a decision have been exhausted on an issue or dispute brought before the Council, the Secretary of the Council shall refer the issue or dispute to the Executive Committee for resolution.