Standing Council Policies

I—Original Precepts
(Adopted April 1920)

The Council differs from so-called arbitration boards in that it professes to be a court of justice and not merely a court of arbitration. It proceeds on the theory that arbitration involves compromise, which seems to mean in some minds adding up the claims of both sides of a dispute and dividing by two, while judicial settlement involves the application of definite and certain principles without any accommodation between the parties.

Emphasis should be laid upon the Council’s abandonment of the philosophy of power and struggle. The Council has clothed itself with no mandatory powers and decides cases only when the disputing parties have agreed to use its services either under the terms of their collective bargaining agreement or by written stipulation at the time of submission.

The Council has adopted the following precepts for its own guidance when acting as conciliator in disputes:
(1) The Council views with disfavor sudden changes in wages, as unfair to employers on account of contract commitments. The Council likewise, and for the same reasons, discourages retroactive wage advances, unless agreed upon by both disputants. The Council reserves the right, however, to render decisions making sudden changes, or retroactive changes, or both, if in special cases the facts appear to warrant such action.
(2) Industrial enterprise as a source of livelihood for both employer and employee should be so conducted that due consideration is given to the situation of all persons dependent upon it.
(3) The public interest, the welfare and prosperity of the employer and employee, require adjustment of industrial relations by peaceful methods.
(4) Regularity and continuity of employment should be sought to the fullest extent possible and should constitute a responsibility resting alike upon employers, wage earners, and the public.
(5) The right of workers to organize is as clearly recognized as that of any other element or part of the community.
(6) Industrial harmony and prosperity will be most effectually promoted by adequate representation of the parties at interest. Existing forms of representation should be carefully studied and utilized insofar as they may be found to have merit and are adaptable to the peculiar conditions of the electrical industry.
(7) Whenever agreements are made with respect to industrial relations they should be faithfully observed.
(8) Such agreements should contain provisions for prompt and final interpretation in the event of controversy regarding meaning or application.
(9) Wages should be adjusted with due regard to purchasing power of the wage and to the right of every man to an opportunity to earn a living, and accumulate a competence; to reasonable hours of work and working conditions; to a decent home, and to the enjoyment of proper social conditions, in order to improve the general standard of citizenship.
(10) Efficient production in conjunction with adequate wages is essential to successful industry. Restriction of output is harmful to the interest of wage earners, employers and public, and should not be permitted. Industry efficiency and initiative whenever found should be encouraged and adequately rewarded, while indolence and indifference should be condemned.
(11) Continuing agreements are recommended, providing they contain provisions for settling disputes, and for composing differences arising from controversial subjects, by reference to disinterested and competent judges.

II—Effective Date of Decisions
(Adopted April 1920)

The Council holds the responsibility of determining the effective date, when a decision is rendered after the anniversary date established in the agreement between the parties. The parties can mutually agree on an effective date, but this is not necessarily binding on the Council.

III—Council Meeting Schedule
(Adopted May 1948)

Meetings of the Council are scheduled quarterly, in the months of February, May, August and November. The Council may vary this schedule when necessary. If no cases are filed, the Secretary shall notify the Council members of the cancellation of that particular meeting.

IV—Deadline for Submitting Cases
(Amended February 1983)

A completed and properly signed submission form, plus 22 copies of the current approved collective bargaining agreement and amendments and (if filed) 22 copies of the briefs must be postmarked on or before the first day of the month in which the hearing is scheduled and filed with the Council Secretary.

When it appears to the parties that resort to the Council procedures may be necessary, they should submit their case well before the deadline dates set forth in the above paragraph. After thus insuring a place on the Council agenda, they should continue local negotiations and attempt to reach a settlement of the dispute before the date set for the hearing. A case can be withdrawn at any time prior to the date of hearing if the parties can reach a settlement and so notify the Council.

It cannot be emphasized too strongly that local negotiations should be continued after a case has been submitted and every effort made to reach a settlement locally.

V—Appearance Before Council by Party Not Directly Interested
(Adopted May 1948)
(Amended February 1973)

Should a person not directly interested in a case request the privilege of appearing before the Council, he shall be notified that he may appear if either party to the case desires his services as a witness, and prior approval is given by the other party, and the Council so notified.

VI—Disqualification of Member of Council
(Adopted November 1948)
(Amended February 1983)

Any Council Member who is directly affected by a case shall be disqualified from serving during the hearing, or decision, on that case, or other cases presented earlier at the same session. However, a Council Member may serve on any cases which are presented after the case in which he is directly interested has been heard and decided. This policy does not apply if the affected member is serving on a panel other than where his case is presented.

VII—Delivery of Council Decisions
(Adopted November 1948)

Decisions shall be mailed simultaneously to the parties as soon as practicable after the close of the hearings.

VIII—Unilateral Submissions
(Adopted August 1949)
(Amended February 1975)

Unilateral submissions will be accepted by the Council only when all of the conditions set forth below are satisfied:

(1) The collective bargaining agreement between the parties contains “Council Clauses.”
(2) The submitting party has engaged or attempted to engage in bonafide collective bargaining in accordance with the terms of the local labor agreement in an effort to effect a local settlement.
(3) The submitting party has given timely notice to the other party, in writing, of intent to file the case, and at the same time invited said other party to join in the submission, with a copy of said invitation to the Secretary of the Council.

Upon receipt of a unilateral submission which qualifies under the conditions set forth above, together with the other material required, the Secretary of the Council will notify the non-submitting party that the case has been filed, and list the issues submitted to the Council.

IX—Protection on Existing Contracts
(Adopted November 1949)

In those cases where the effective date of a Council decision is later than the anniversary date in the agreement between the parties, and the agreement between the parties contains a “protection of work” clause, then the Council will order the observance of said “protection of work” clause on all contractual obligations incurred prior to the anniversary date of the agreement. However, contractual obligations incurred on or after said anniversary date shall be subject to the terms of the Council decision, beginning with the effective date of the decision as determined by the Council.

X—Converting Flat Wage Rates for Apprentices to a Percentage of Existing Journeyman Rate
(Adopted November 1949)

It shall continue to be the policy of the Council to encourage the use of a schedule of percentages to determine the various apprentice wage rates based on the journeyman rate in a specific agreement. However, the Council will not substitute a schedule of percentages for a list of hourly apprentice rates until it has determined that such action is feasible under the circumstances.

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 retrobilling 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.

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