Sidebilder
PDF
ePub

of economy.

While it did contain some rollbacks in some of the higher fringe items bargained by individual unions and while it did contribute to the prevention of whipsawing on the part of unions, the Commission by recommending that its money provisions be specified as standard compensation for all employees engaged in construction effectively required open shop contractors to pay union-bargained fringe benefits. Most observers felt that on balance the latter feature increased rather than reduced costs, but that the additional costs were worthwhile in the

interests of increased labor stability.

While the site committees played no direct role in the area of uneconomic practices, as discussion forums they probably reduced the number of blatantly uneconomic clauses that otherwise would have been attempted.

Where they had

developed local pride in their arena of operation, the site committee was a mechanism by which labor leaders themselves could resist pressure from other unions or their own membership to maximize the economic gains from their bargaining power position.

Finally, the whole matter of economic practices cannot be divorced from the reduction of work stoppages which reduction, in itself, saved money. Stoppages and schedule slippages were costly and to the extent they were reduced, economy 22 of operations resulted.

SUMMARY

The late professor Slichter of Harvard once stated, "If make work rules or practices become prevalent, they will substantially hold down the output of industry and the standard of living in the country.

123

When the economy is in a cycle of high production and high demand, featherbedding deprives the labor market of effective manhours. Featherbedding acts

as a drain on our manpower reserve even in situations of extraordinary production demand, such as during World War II or the Korean conflict, and

during cyclical upturns of production demand. Labor is unwilling to part with practices which create needless jobs even during periods of high employment because they feel they need this artificial employment as a hedge against future years with the probable lower levels of employment. During periods of high employment available manpower operates as a limiting factor on potential total production, and featherbedding practices have the effect of lowering this potential. This artificially created employment inhibits attempts to salvage something from the total economic waste it represents. The artificial employment created by featherbedding practices is "disguised unemployment""

24

since from an

economic point of view, the contributions of those so employed, and of the unemployed, are both zero, but this disguised unemployment actually has a

worse effect on economic growth than normal unemployment since it is a rigid and

[blocks in formation]

In order to best serve the public interest, we must accelerate the program to eliminate restrictive practices of all types. In order to best serve

the public interest, management must lead the way to increasing production and sound economic growth.

[blocks in formation]

6.

7.

8(b)(6) read as follows: It shall be an unfair labor practice for a labor organization or its agents to cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed.

American Newspaper Publishers' Ass'n. v. NLRB, 345 U. S. 100 (1953),
NLRB v. Gamble Enterprises, Inc. 345 U. S. 117 (1953)

[blocks in formation]

12.

13.

14.

15.

16.

17.

18.

Address by George Romney, Secretary, U. S. Department of Housing and
Urban Development, to the Second Annual Collective Bargaining Forum,
May 18, 1970.

AGC Five Point Legislative Program formulated January 15, 1967, and adopted by Board of Directors March 1967.

There is increased movement into the public welfare protection field by certain unions. Certainly not those of the Building Trades.

NLRB v. Radio & Television Broadcast Engineers Union 364 U. S. 573.

The vast majority of this proposal has been edited from the note in Drafting
Problems and the Regulation of Featherbedding, 73 Yale Law Journal, 812,
p. 829.

Ibid, p. 824.

Featherbedding: Law and Arbitration, Edelman and Kovarsky, lu Labor Law
Journal 233 p. 234 (1959).

19.

20.

21.

22.

23.

24.

25.

National Conference on Construction Problems Task Force Report, July 1969, p. 9.

AGC of Massachusetts Newsletter, July 30, 1970, p. 3-4.

Construction Labor Relations, Goldenberg & Crispo, p. 55, 1968.

The Missile Sites Labor Commission, 1961-67, p. 61 (1968).

The American Economy, p. 167, Summer Slichter (1948).

"disguised unemployment" is generally used to explain the lack of economic contribution to the country as a whole. The same considerations seem appropriate to explain the contributions of those holding featherbedding positions.

Drafting Problems and the Regulations of Featherbedding, Yale Law
Journal, 1964, p. 848.

1.

2.

SELECTED REFERENCES

Aaron, Benjamin: Government Restraints on Featherbedding. (In Stanford
Law Review, 1953, 5:680.

Backman, Jules: Featherbedding: The Economic of Waste. Address before the Illinois State Chamber of Commerce, Chicago, Illinois, Oct. 21, 1960.

3.

Bok, Derek C., Dunlop, John T.: Labor and the American Community.
New York, Simon and Schuster, 1970.

4.

5.

6.

7.

8.

Cassell, Frank H.: Use and Abuse of Power. (In Labor Law Journal,
1958, 9:711.

Cassimatis, Peter J: Economics of the Construction Industry. New York,
The National Industrial Conference Board, 1969.

Chamberlain, Neil W.: The Union Challenge to Management Control.
(In Industrial and Labor Relations Review, Jan. 1963, p. 184.)

Clark, Allan P: Featherbedding and the Taft-Hartley Act: Why the Ineffectiveness of Law Force?. (In University of Florida Law Review, 1966, 19:163.

Cost-boosting Union Work Rules: How Many of These Plague Your Jobs?
Roads and Streets, July 1970, p. 64.

Daykin, Walter L.: "Featherbedding", Labor Law Journal, 1956, 7:699.

9.

10.

Drafting Problems and the Regulation of Featherbedding
Dilemma. Yale Law Journal, 1964, 73:812.

An Imagined

11.

12.

13.

14.

15.

16.

17.

Edelman, Milton and Kovarsky, Irving; Featherbedding: Law and Arbitration.
Labor Law Journal, 1959, 10:233.

Featherbedding: Make - Work Imperils Economic Growth. Time, August 3, 1959, p. 70.

Gomberg, William: The Work Rules and Work Practices Problem. Labor
Law Journal, 1961, 12:643.

Haber, William and Levinson, Harold M.: Labor Relations and Productivity in the Building Trades. University of Michigan, Ann Arbor, 1956.

Herling, John: Durable Douglas. The Washington Daily News, Dec. 17, 1968.

Howard, Wayne E.: The Missile Sites Labor Commission, 1961 through 1967.
Washington, D. C., Federal Mediation and Conciliation Service, 1969.

Lasher, Albert C.: Work Rules: Can Management Regain Its Rights?. Dun's
Review and Modern Industry, Oct. 1960, p. 38.

« ForrigeFortsett »