the ballot box containing the nomination votes, and, with the aid of
the secretary, they shall make out the list of the duly nominated
candidates, which shall be announced by the chairman. The meeting shall
then proceed to elect representatives by secret ballot, from among
the number of candidates announced, the same tellers having charge of
the balloting. If dissatisfied with the count, either as respects the
nomination or election, any twenty-five employees present may demand a
recount, and for the purposes of the recount the chairman shall select
as tellers three from the number of those demanding a recount, and
himself assist in the counting, and these four shall act, in making the
recount, in place of the secretary and the tellers previously chosen.
There shall be no appeal from this recount, except to the president of
the company, and such appeal may be taken as hereinafter provided, at
the request of any twenty-five employees present and entitled to vote.
_7. Appeal in regard to nomination or election._
The chairman of the meeting shall preserve for a period of one week
both the nomination and election ballots. Should an appeal be made
to the president within seven days in regard to the validity of the
nomination or election, upon request in writing signed by twenty-five
employees present at the meeting, the chairman shall deliver the
ballots to the president of the company for recount. Should no such
request be received within that time, the chairman shall destroy the
ballots. If after considering the appeal the president is of the
opinion that the nomination or election has not been fairly conducted,
he shall order a new election at a time and place to be designated by
him.
_8. General proceedings at meetings._
At annual meetings for the election of representatives, employees may
consider and make recommendations concerning any matters pertaining
to their employment, working or living conditions, or arising out of
existing industrial relations, including such as they may desire to
have their representatives discuss with the president and officers of
the company at the Annual Joint Conference of the company’s officers
and employees, also any matters referred to them by the president,
other officers of the company, the Advisory Board or Social Joint
Committee appointed at the preceding annual joint conferences of
officials and employees of the company. A record of the proceedings
shall be made by the secretary of the meeting and certified to by the
chairman, and copies delivered to each of the representatives, to be
retained by them for purposes of future reference.
II
DISTRICT CONFERENCES, JOINT COMMITTEES AND JOINT MEETINGS
_1. District divisions._
To facilitate the purposes herein set forth, the camps of the company
shall be divided into five or more districts, as follows: the Trinidad
District, comprising all mines and coke oven plants in Las Animas
County; the Walsenburg District, comprising all mines in Huerfano
County; the Cañon District, comprising all mines in Fremont County; the
Western District, comprising all mines and coke oven plants located
on the Western Slope; the Sunrise District, comprising the iron mines
located in Wyoming.
_2. Time, place and purpose of district conferences._
District conferences shall be held in each of the several districts
above mentioned at the call of the president, at places to be
designated by him, not later than two weeks following the annual
election of representatives, and at intervals of not more than four
months thereafter, as the operating officers of the company, or a
majority of the representatives of the employees in each of the
several districts, may find desirable. The purpose of these district
conferences shall be to discuss freely matters of mutual interest and
concern to the company and its employees, embracing a consideration of
suggestions to promote increased efficiency and production, to improve
working and living conditions, to enforce discipline, avoid friction,
and to further friendly and cordial relations between the company’s
officers and employees.
_3. Representation at district conferences._
At the district conferences the company shall be represented by its
president or his representative and such other officials as the
president may designate. The employees shall be represented by their
elected representatives. The company’s representatives shall not
exceed in number the representatives of the employees. The company
shall provide at its own expense appropriate places of meeting for the
conferences.
_4. Proceedings of district conferences._
The district conferences shall be presided over by the president of
the company, or such executive officer as he may designate. Each
conference shall select a secretary who shall record its proceedings.
The record of proceedings shall be certified to by the presiding
officer.
_5. Joint committees on industrial relations._
The first district conferences held in each year shall select the
following joint committees on industrial relations for each district,
which joint committees shall be regarded as permanent committees to
be intrusted with such duties as are herein set forth, or as may
be assigned by the conferences. These joint committees shall be
available for consultation at any time throughout the year with the
Advisory Board on Social and Industrial Betterment, the president,
the president’s executive assistant, or any officer of the operating
department of the company.
(a) Joint Committee on Industrial Coöperation and Conciliation: to be
composed of six members.
(b) Joint Committee on Safety and Accidents: to be composed of six
members.
(c) Joint Committee on Sanitation, Health and Housing: to be composed
of six members.
(d) Joint Committee on Recreation and Education: to be composed of six
members.
_6. Selection and composition of joint committees._
In selecting the members of the several joint committees on industrial
relations, the employees’ representatives shall, as respects each
committee, designate three members and the president of the company or
his representative, three members.
_7. Duties of Joint Committee on Industrial Coöperation and
Conciliation._
The Joint Committee on Industrial Coöperation and Conciliation may, of
their own initiative, bring up for discussion at the joint conferences,
or have referred to them for consideration and report to the president
or other proper officer of the company at any time throughout the year,
any matter pertaining to the prevention and settlement of industrial
disputes, terms and conditions of employment, maintenance of order and
discipline in the several camps, company stores, etc.
_8. Duties of Joint Committee on Safety and Accidents._
The Joint Committee on Safety and Accidents may, of their own
initiative, bring up for discussion at the joint conferences, or have
referred to them for consideration and report to the president or
other proper officer of the company at any time throughout the year,
any matter pertaining to the inspection of mines, the prevention of
accidents, the safeguarding of machinery and dangerous working places,
the use of explosives, fire protection, first aid, etc.
_9. Duties of Joint Committee on Sanitation, Health and Housing._
The Joint Committee on Sanitation, Health and Housing may, of their
own initiative, bring up for discussion at the joint conferences, or
have referred to them for consideration and report to the president
or other proper officer of the company at any time throughout the
year, any matter pertaining to health, hospitals, physicians, nurses,
occupational disease, tuberculosis, sanitation, water supply, sewage
system, garbage disposal, street cleaning, wash and locker rooms,
housing, homes, rents, gardens, fencing, etc.
_10. Duties of Joint Committee on Recreation and Education._
The Joint Committee on Recreation and Education may, of their own
initiative, bring up for discussion at the joint conferences, or
have referred to them for consideration and report to the president
or other proper officer of the company, at any time throughout the
year, any matter pertaining to social centers, club houses, halls,
playgrounds, entertainments, moving pictures, athletics, competitions,
field days, holidays, schools, libraries, classes for those who speak
only foreign languages, technical education, manual training, health
lectures, classes in first aid, religious exercises, churches and
Sunday schools, Y. M. C. A. organizations, etc.
_11. Annual and special joint meetings._
In addition to the district conferences in each of the several
districts, there shall be held in the month of December an annual
joint meeting, at a time and place to be designated by the president
of the company, to be attended by the president and such officers of
the company as he may select and by all the employees’ representatives
of the several districts. At this meeting reports covering the work of
the year shall be made by the several joint committees and matters of
common interest requiring collective action considered. A special joint
meeting of any two or more districts may be called at any time upon the
written request to the president of a majority of the representatives
in such districts or upon the president’s own initiative, for the
consideration of such matters of common interest as cannot be dealt
with satisfactorily at district conferences. Notice of such special
joint meetings shall be given at least two weeks in advance.
III
THE PREVENTION AND ADJUSTMENT OF INDUSTRIAL DISPUTES
_1. Observance of laws, rides and regulations._
There shall be on the part of the company and its employees, a strict
observance of the Federal and State laws respecting mining and labor
and of the company’s rules and regulations supplementing the same.
_2. Posting of wages and rules._
The scale of wages and the rules in regard to working conditions shall
be posted in a conspicuous place at or near every mine.
_3. No discrimination on account of membership or non-membership
in labor or other organizations._
There shall be no discrimination by the company or by any of its
employees on account of membership or non-membership in any society,
fraternity or union.
_4. The right to hire and discharge, and the management of the
properties._
The right to hire and discharge, the management of the properties, and
the direction of the working forces, shall be vested exclusively in the
company, and, except as expressly restricted, this right shall not be
abridged by anything contained herein.
_5. Employees’ right to caution or suspension before discharge._
There shall be posted at each property a list of offenses for
commission of which by an employee dismissal may result without notice.
For other offenses, employees shall not be discharged without first
having been notified that a repetition of the offense will be cause
for dismissal. A copy of this notification shall, at the time of its
being given to an employee, be sent also to the president’s industrial
representative and retained by him for purposes of future reference.
Nothing herein shall abridge the right of the company to relieve
employees from duty because of lack of work. Where relief from duty
through lack of work becomes necessary, men with families shall, all
things being equal, be given preference.
_6. Employees’ right to hold meetings._
Employees shall have the right to hold meetings at appropriate places
on company property or elsewhere as they may desire outside of working
hours or on idle days.
_7. Employees’ right to purchase where they please._
Employees shall not be obliged to trade at the company stores, but
shall be at perfect liberty to purchase goods wherever they may choose
to do so.
_8. Employees’ right to employ checkweighmen._
As provided by statute, miners have the right to employ checkweighmen,
and the company shall grant the said checkweighmen every facility to
enable them to render a correct account of all coal weighed.
_9. Employees’ right of appeal to president of company against
unfair conditions or treatment._
Subject to the provisions hereinafter mentioned, every employee shall
have the right of ultimate appeal to the president of the company
concerning any condition or treatment to which he may be subjected and
which he may deem unfair.
_10. Duty of president’s industrial representative._
It shall be the duty of the president’s industrial representative
to respond promptly to any request from employees’ representatives
for his presence at any of the camps and to visit all of them as
often as possible, but not less frequently than once every three
months, to confer with the employees or their representatives and
the superintendents respecting working and living conditions, the
observance of Federal and State laws, the carrying out of company
regulations, and to report the result of such conferences to the
president.
_11. Complaints and grievances to be taken up first with foremen
and superintendents._
Before presenting any grievance to the president, the president’s
industrial representative, or other of the higher officers of the
company, employees shall first seek to have differences or the
conditions complained about adjusted by conference, in person or
through their representatives, with the mine superintendent.
_12. Investigation of grievances by president’s industrial
representative._
Employees believing themselves to be subjected to unfair conditions
or treatment and having failed to secure satisfactory adjustment of
the same through the mine superintendent may present their grievances
to the president’s industrial representative, either in person or
through their regularly elected representatives, and it shall be the
duty of the president’s industrial representative to look into the same
immediately and seek to adjust the grievance.
_13. The right of appeal to the superior officers of the company
against unfair treatment, conditions, suspensions or dismissals._
Should the president’s industrial representative fail to satisfactorily
conciliate any difference, with respect to any grievance, suspension
or dismissal, the aggrieved employee, either himself or through his
representative--and in either case in person or by letter--may appeal
for the consideration and adjustment of his grievance to the division
superintendent, assistant manager or manager, general manager or the
president of the company, in consecutive order. To entitle an employee
to the consideration of his appeal by any of the higher officers herein
mentioned, the right to appeal must be exercised within a period of two
weeks after the same has been referred to the president’s industrial
representative without satisfactory redress.
_14. Reference of differences in certain cases to Joint Committees
on Industrial Coöperation and Conciliation._
Where the president’s industrial representative or one of the higher
officials of the company fails to adjust a difference satisfactorily,
upon request to the president by the employees’ representatives or
upon the initiative of the president himself, the difference shall
be referred to the Joint Committee on Industrial Coöperation and
Conciliation of the district and the decision of the majority of such
joint committee shall be binding upon all parties.
_15. Representation on joint committees to be equal when
considering adjustment of differences._
Whenever a Joint Committee on Industrial Coöperation and Conciliation
is called upon to act with reference to any difference, except by the
consent of all present the joint committee shall not proceed with any
important part of its duties unless both sides are equally represented.
Where agreeable, equal representation may be effected by the withdrawal
of one or more members from the side of the joint committee having the
majority.
_16. Umpire to act with joint committees in certain cases._
Should the Joint Committee on Industrial Coöperation and Conciliation
to which a difference may have been referred fail to reach a majority
decision in respect thereto, if a majority of its members so agree, the
joint committee may select as umpire a third person who shall sit in
conference with the committee and whose decision shall be binding upon
all parties.
_17. Arbitration or investigation in certain cases._
In the event of the Joint Committee on Industrial Coöperation and
Conciliation failing satisfactorily to adjust a difference by a
majority decision or by agreement on the selection of an umpire, as
aforementioned, within ten days of a report to the president of the
failure of the joint committee to adjust the difference, if the parties
so agree, the matter shall be referred to arbitration, otherwise it
shall be made the subject of investigation by the State of Colorado
Industrial Commission, in accordance with the provisions of the statute
regulating the powers of the commission in this particular. Where a
difference is referred to arbitration, one person shall be selected
as arbitrator if the parties can agree upon his selection. Otherwise
there shall be a board of three arbitrators, one to be selected by
the employees’ representatives on the Joint Committee of Industrial
Coöperation and Conciliation in the district in which the dispute
arises, one by the company’s representatives on this committee, and a
third by the two arbitrators thus selected.
By consent of the members of the Joint Committee on Industrial
Coöperation and Conciliation to which a difference has been referred,
the Industrial Commission of the State of Colorado may be asked to
appoint all of the arbitrators or itself arbitrate the difference.
The decision of the sole arbitrator or of the majority of the Board
of Arbitration or of the members of the State of Colorado Industrial
Commission when acting as arbitrators, as the case may be, shall be
final and shall be binding upon the parties.
_18. Protection of employees’ representatives against
discrimination._
To protect against the possibility of unjust treatment because of any
action taken or to be taken by them on behalf of one or more of the
company’s employees, any employees’ representative believing himself
to be discriminated against for such a cause shall have the same right
of appeal to the officers of the company or to the Joint Committee on
Industrial Coöperation and Conciliation in his district as is accorded
every other employee of the company. Having exercised this right in
the consecutive order indicated without obtaining satisfaction, for
thirty days thereafter he shall have the further right of appeal to
the Industrial Commission of the State of Colorado, which body shall
determine whether or not discrimination has been shown, and as respects
any representative deemed by the Commission to have been unfairly dealt
with, the company shall make such reparation as the State of Colorado
Industrial Commission may deem just.
IV
SOCIAL AND INDUSTRIAL BETTERMENT
_1. Executive supervision._
The president’s executive assistant, in addition to other duties,
shall, on behalf of the president, supervise the administration of the
company’s policies respecting social and industrial betterment.
_2. Coöperation of president’s executive assistant with joint
committees in carrying out policies of social and industrial
betterment._
In the discharge of his duties, the president’s executive assistant
shall from time to time confer with the several Joint Committees, on
Industrial Coöperation and Conciliation, on Safety and Accidents,
on Sanitation, Health and Housing, and on Recreation and Education,
appointed at the annual joint conferences, as to improvements or
changes likely to be of mutual advantage to the company and its
employees. Members of the several joint committees shall be at liberty
to communicate at any time with the president’s executive assistant
with respect to any matters under their observation or brought to their
attention by employees or officials of the company, which they believe
should be looked into or changed. As far as may be possible, employees
should be made to feel that the president’s executive assistant will
welcome conferences with members of the several joint committees on
matters of concern to the employees, whenever such matters have a
direct bearing on the industrial, social, and moral well-being of
employees and their families or the communities in which they reside.
_3. Advisory Board on Social and Industrial Betterment._
In addition to consulting, from time to time, the several joint
committees or their individual members, the president’s executive
assistant shall be the chairman of a permanent Advisory Board on Social
and Industrial Betterment, to which may be referred questions of
policy respecting social and industrial betterment and related matters
requiring executive action.
_4. Members of Advisory Board._
The Advisory Board on Social and Industrial Betterment shall be
composed of such of the company’s officers as the president may
designate.
_5. Regular and special meetings of Advisory Board._
The Advisory Board shall meet at least once in every six months, and
may convene for special meetings upon the call of the chairman whenever
he may deem a special meeting advisable.
_6. Powers and duties of the Advisory Board._
The Advisory Board shall have power to consider all matters referred
to it by the chairman, or any of its members, or by any committee or
organization directly or indirectly connected with the company, and may
make such recommendations to the president as in its opinion seem to be
expedient and in the interest of the company and its employees.
_7. Supervision of community needs by president’s executive
assistant._
The president’s executive assistant shall also exercise a general
supervision over the sanitary, medical, educational, religious, social
and other like needs of the different industrial communities, with a
view of seeing that such needs are suitably and adequately provided
for, and the several activities pertaining thereto harmoniously
conducted.
_8. Method of carrying out improvements._
Improvements respecting social and industrial betterment shall, after
approval by the president, be carried out through the regular company
organization.
_9. Hospitals and doctors._
In camps where arrangements for doctors and hospitals have already been
made and are satisfactory, such arrangements shall continue.
In making any new arrangement for a doctor, the employees’
representatives in the camps concerned, the president’s executive
assistant, and the chief medical officer shall select a doctor, and
enter into an agreement with him which shall be signed by all four
parties.
_10. Company periodical._
The company shall publish, under the direction of the president’s
executive assistant, a periodical which shall be a means of
communication between the management, the employees and the public,
concerning the policies and activities of the company. This periodical
shall be used as a means of coördinating, harmonizing, and furthering
the social and industrial betterment work, and of informing employees
of the personnel and proceedings of conferences, boards and committees
in which they are interested. It shall record events pertaining
to social and industrial activities, and be a medium for making
announcements with reference to the same, and for diffusing information
of mutual interest to the company and its employees.
_11. Cost of administering plan of representation and of
furthering social and industrial betterment policies._
The promotion of harmony and good-will between the company and its
employees and the furtherance of the well-being of employees and their
families and the communities in which they reside being essential to
the successful operation of the company’s industries in an enlightened
and profitable manner, the expenses necessarily incident to the
carrying out of the social and industrial betterment policies herein
described, and the plan of representation, joint conferences and
joint meetings, herein set forth, including the payment of traveling
expenses of employees’ representatives when attending joint conferences
and annual joint meetings, and their reimbursement for the working
time necessarily lost in so doing, shall be borne by the company. But
nothing herein shall preclude employees of the company from making such
payment to their representatives in consideration of services rendered
on their behalf as they themselves may voluntarily desire and agree to
make.