Chamber Names "VoluntaryUnionism" Committee

Announcement that the U.S.Chamber of Commerce has ap-pointed a committee on so-called"voluntary unionism" was receivedfrom Washington, D.C., this week.The purpose of the special com-

mittee, according to the Chamber,is to help individuals and groupspromote the adoption of "right towork" laws at the state level.Among persons named as mem-

bers of the committee are two Cali-fornians who are long-time cham-pions of anti-labor causes, includ-ing active support of the "right towork" proposal (Proposition No. 18)at the 1958 election. They are W. B.Onmn nfW 112 Onmr nnA Qnviv Tsnn

THOS L. PIMExecutive

Secretary-Treaurer

ELATIONS'LIWRY

Vol. 3-No. 35Sept. 22, 1961

News Letter

Published by California Labor Federation, AFL-CIO

14"MW 151

Fed Bill to Prohibit Short W oights AiredThe Assembly Interim Committee on Agriculture this week held public

hearings on a Federation-sponsored measure which would repeal authoritygranted the Department of Agriculture in 1957 to allow net weighttolerances (short weights) on proeessed and packaged commodities in

BiakersfieVV. nD. Piarkl rHdllU U ".o grocery stores.

Bakerosfie, andParke The measure is AB 545, authored Included in the proposals was aHolt Bros., Stockton.reusbyteRaiGocstoonParker Holt is a distributor of by Assemblyman James R. Mills request by the Retail Grocers to con-farm equipment reportedly doing a (D San Diego), which was referred sider the allowance of net weight$3 million a year business with busil- to interim committee study by the tolerances in the packaging of freshness outlets in Tracy, Lodi and 1961 session of the legislature. meats sold at self-service counters.Stockton-all unorganized. Mills, assisted by a representative thMtillsh rheminded the committee

Reports filed with the Secretary of the Federation, explained the p- stoarmtef earings prfromGovernoraof State show that Parker Holt con- tential menace of the net weight tol- Brown's Consumer Counsml, Helentributed $50 to the San Joaquin erances to consumers in the state. Nelson, organized labor and countyCounty "right to work" committee Reviewing the history of the au- Nealeso that the lar andc ntin the 1958 campaign. A better thority, Mills pointed out that al- sdeuastery praoponentseprmenoraned tnomeasure of Holt's dedication to the though granted by the legislature abandon the scheme.anti-union cause, however, is indi- in 1957, no attempt was made by The proposal on 32 frozen foods,cated by the fact that the San Joa- the Department of Agriculture to Mills said, would have allowed aquin committee reported paying exercise it until i ,,..when hear- short weight of one ounce for eachHolt Bros. $235 in expenses during ings were held on3pr toper- two pounds or fraction thereof ofthe campaign. mit short weights~on 38 fJ ood temre akg.Snefoe

(Continued on Page 2) iteme-and hot dogs. the marked package. Since frozenthe campaign. dogs. ~~~~~ - £ ~~ ,foods are conventionally packed for

'0 4'4e ieqnsumers, not in two-pound pack-..Employ IIIE.~~~ItAPI~1h es but in "fractions thereof," theHigh Standards Ure o m ly ¢ 1 atE tlloswbauncelerance of one ounce on a package

The California Labor Federation, AFL-CIO has called t-l rked e ounces wo haaeto set high standards for the partieipation of voluntary healtha short weight of 121/oeMeyers-Geddes State Employees Medical and Hospital Care Act i ,s ^t (ted shrctwg o 12½

the 1961 legislature.~~ ~ ~ ~ ~ ~ ~ ~ f~nt (ten percent on a ten-ouncethe 1961 legislature. -> ,ptUnder the new program, commencing January, 1962, the statesilt cron-) Dpa t Ar u o

tribute $5 toward offsetting the fieDep mtmen ofuAriculturWeigof-cost of health insurance coverage against "sacrificing quality and fici from the Bureau of Weightsfor each state employee. The con- fective controls for the sake o a, Marnfe, pentfrtheyh ea -tribution will go into plans ap- achieving what may appear to T. gonfdayirmednthat the hadlwn abn-proved for participation under reg- the shortest route leading to th numerical tolerances, which Millsulations and standards developed final adoption of regulations gov- said would "spell the end of ourby the Board of Administration of erning the program. concept of net weights and meas-the state employees retirement sys- The burden of Pitts' statement ures" for the protection of con-tem as the administrative agency. was to urge utilization of the state's sumers.The board opened hearings this bargaining power in the develop- The Los Angeles hearings also

Monday on a set of proposed rules ment of high standards for state- brought focus on new proceduresand regulations which the state wide plans contracted for under developed by the Bureau of WeightsAFL-CIO labeled inadequate for competitive bidding. and Measures for the use of countythe development of quality plans Under the proposed rules and sealers in the enforcement offor the protection of state em- regulations, Pitts noted, the board weights and measures by samplingployees. would be authorized to contract for techniques based on the concept of

In a statement filed by the Fed- a statewide service and a statewide averages.eration, Secretary-Treasurer Thos. indemnity plan, in addition to di- These procedures, adopted underL. Pitts sounded a note of caution (Continued on Page 3) (Continued on Page 2)

ir

Now Sales Tax ChartProtects ConsumerAs of September 15, 1961, the

unofficial sales tax charts fastenedto cash registers in retail outletshave been replaced by a uniform,official schedule adopted by the1961 legislature.The new schedule, contained in

AB 1769 (DeLotto, D., Fresno) curbsprofiteering on the sales tax by re-tailers who have assessed the 4%sales tax so that the excess collectedon the "breakage" has been retainedby the seller.Helen Nelson, Governor Brown's

Consumer Counsel, pressed for theenactment of the new schedule bythe legislature."No longer can some retailers

choose to increase the tax to twocents on a 30 cent purchase andothers charge two cents beginningat 29 cents, 28 cents, or 27 cents,"Mrs. Nelson points out. "There isnow a law. Two cents cannot becharged on a purchase of less than35 cents."The official tax schedule that now

hangs on cash registers requires re-tailers to assess the 4% sales tax asfollows: nothing on a purchase oftwelve cents or less; lc on a pur-chase of 13c to 34c; 2c on a purchaseof 35c to 59c; 3c on a purchase of60c to 87c, and 4c on a purchase of88c to $1.12.The housewife has another newly-

won right at the check-stand underthe new law, Mrs. Nelson adds:"When she checks out a basket

of items, some taxable, and somenot taxable, she may specify to thechecker that she wants all the tax-able items totaled and the tax ap-plied to the total instead of to eachitem separately. If she requests this,the checker is obligated to do as sheasks."

Totaling the items before assess-ment of the 4% tax removes thepossibility of the retailer profiteer-ing by levying the tax on individualitems, which can add up to morethan four percent on the dollar.A second sales tax collection re-

form secured through the legis-lature by Mrs. Nelson is containedin a bill authored by AssemblymanJohn Knox (D. Richmond). Thismeasure makes sure that all salestax money collected from consum-ers as sales tax does reach the stateby closing some of the legal loop-holes in the sales tax law.

"With the passage of these two

(Continued from Page 1)authority also granted by the legis-lature in 1957, were put into opera-tion following defeat of the pro-posals to authorize specific numer-ical tolerances.The California Labor Federation

has challenged t h e i r adequacy,charging that technical deficienciespermit approval of short-weighteditems.As originally proposed, AB 545

also would have repealed the De-partment of Agriculture's authorityto promulgate such sampling pro-cedures for enforcement.

Mills pointed out, however, thatthis feature of AB 545 was removedfrom the bill pending the accumula-tion of experience by the sealers inusing the new sampling procedures.The San Diego legislator urged

the interim study committee torecognize the importance of main-taining a sound weights and meas-ures law.

"Like every member of this com-mittee," Mills said, "I know thatweights and measures laws are anessential exercise of the state's po-licing power in the interests of thegeneral public and so-called con-suming public, but I know also thatsound legislation in this field, ef-fectively enforced, is essential tothe operation of a competitive freeenterprise system."

Mills added:"Our aim is always to protect the

consumer with honest weights andmeasures, but at the same time, wewant to make sure that in the com-petition for the consumer dollar, noadvantage is given the chiseler overthe honest business man ..."Modern methods of packaging

and preparing items for the con-sumer shelves inevitably present anumber of problems in regard toweights and measures. Machinesmay be very efficient, but some-times they also present problems ofaccuracy in weights and measures."No one wants to stifle the in-

troduction of modern methods, but

bills," Mrs. Nelson points out, "Cal-ifornia consumers, for the firsttime in the many years we have hadthe state sales tax, can not becharged any more sales tax than thelaw allows, and they can be surethat the money they pay as sales taxreaches the state."

we do have a fundamental interestin making certain that technologicaladvancement is a truly competitivefactor in our free enterprise econ-omy, and that our laws are not suchthat they might possibly lend theiruse to a few dishonest individualswho see also the opportunity to doa little milking of the consumer.

"Certainly, in this day of scien-tific and technical knowledge, itwould be something more than iron-ical if we allowed ourselves to getin a position where we would be un-able to say when a pound is apound.

"I do not believe that a weightsand measures law should be writtenso that a processor may write on apackage that the contents weighone pound when he knows that itis less than one pound. At the sametime, in the enforcement of weightsand measures, there must be roomfor reasonableness in recognizingthat machines and men can oc-casionally err with o u t damningsomeone as a cheater."

Chamber Names "VoluntaryUnionism" Committee

(Continued from Page 1)The Operating Engineers have

attempted to organize Holt Bros.on three occasions, culminating inan NLRB election in 1956 whichwas lost because of anti-laborpolicies which dominate the com-pany.W. B. Camp is reported to be a

multi-millionaire cotton and alfalfagrower in Kern County with inter-est in cotton gins, potato sheds, cot-ton oil plants and other enterprises.All of his operations are also un-organized. In 1958, the KernCounty "right to work" committeereported the receipt of $150 in con-tributions from Camp, who is notedfor his lifetime dedication to reac-tionary causes.Another person named to the

Chamber's "voluntary unionism"committee is Jonathan C. Gibson, avice president and general counselof the Santa Fe Railroad. As mightbe expected, Santa Fe made an out-of-state contribution to the Califor-nia "right to work" campaign in theamount of $4,900, according to re-ports on file with the Secretary ofState.

Fed BiN to Prokibit Short Weights Aired

Two-Ye r Report onFEP OperationThe California Fair Employment

Practices law, enacted by the 1959legislature, began its third year ofoperation this Monday, September18, 1961.A two-year report issued by the

FEP Commission has won the praiseof Governor Brown, under whoseadministration the 1959 law wasenacted."Two years of administration of

the Fair Employment Practices Acthave begun to produce the kind ofresult I had hoped for," GovernorBrown told the commissioners atLos Angeles this week, adding:

"There is growing evidence thatemployers are accepting workers ofso-called minority races and creeds,and those of various national ori-gins, on their merits as individuals.There is still, of course, a tremen-dous job to be done through educa-tion and conciliation, backed up bythe enforcement power of the law.But we are now on the road to win-ning a strong point for the Ameri-can way, with opportunity in em-ployment fully achieved for allAmericans."The following are highlights of

the commission's informal two-yearreport released by the Division ofFair Employment Practices in theDepartment of Industrial Relations:The dimensions of the discrimina-

tion problem in California are par-tially indicated by the 1960 censuscount of 883,861 Negroes and atotal of 1,261,974 nonwhites. Thestate's Negro population rose 91.2percent between the 1950 and the1960 census.

Discrimination appears to stemlargely from inertia, force of habit,failure of some employers to es-tablish c 1 e a r nondiscriminationpolicy throughout their operations,and persistence of anachronistic as-sumptions as to the characteristicsof people who comprise the minor-ity group work force.

During the first 23 months,through August 31, 1961, the Cali-fornia FEPC docketed 1,156 com-plaints and requests for investiga-tion of alleged employment dis-crimination. Investigation was com-pleted and disposition was made of782 cases. A small number were dis-missed for lack of jurisdiction orbecause complainants withdrew; inthe rest, a determination was made

0

San dards Urged for Em plo yees Healt Plan(Continued from Page 1)

rect service plans available on aregional level.The authority to contract, how-

ever, carries no standards in theproposed rules and regulations be-yond those proposed for the accept-ance of other plans for participationin the program. These, accordingto Pitts, are totally inadequate.As a more appropriate procedure,

the state AFL-CIO leader suggestedthat high standards developed incontracting for statewide plansshould become the minimum stand-ards for accepting other plans, in-cluding employee organization-sponsored plans, for participationin the program.

Pitts pointed to the vast historyof collective bargaining as demon-strating "beyond a shadow of adoubt, that there are no shortcutsto sound health and welfare pro-graming."

"Our entire experience in thisfield," Pitts said, "has taught usthat the problems involved must befaced squarely at the beginning ifinadequate standards are not to be-come embedded into the program."

Pitts cited as one example ofpoor standards the qualification ofa plan which would defray only a"major share of expected charges"for hospital room and board foronly 31 days of hospital confine-ment.With daily hospitalization costs

rising with increasing frequency tothe $30 level, Pitts noted that anemployee "could well find himselfburdened with a $15 charge eachday for the first month of confine-ment. For the remainder of his stay,

as to whether or not there had beendiscrimination.

In more than one-third of thismajor group of cases, there wassufficient evidence of discrimina-tory practices to proceed to con-ciliation, and these practices werecorrected. There were 243 cases inthat category. The other 461 wereclosed on the basis of insufficientor no evidence of discrimination.To date, with four exceptions, all

cases closed have been resolvedthrough investigation, conferenceand conciliation, without public dis-closure of the names of the partiesand without public hearing.. The ex-ceptions are cases in which the as-

(Continued on Page 4)-3-

he would be confronted with thebleak prospects of paying the fullcost of such services."

Pitts found similar limitations inthe proposed regulations settingstandards for surgical and outpa-tient care as well as obstetricalbenefits. He pointed to a furthershortcoming in that the proposedstandards would not require cover-age of dependents for outpatientcare.

In reference to the board's dec-laration of intention to contractdirectly for basic statewide plans,he expressed the hope that thiswould be interpreted to mean bene-fits at least as comprehensive asnow available to California workersgenerally.

"It is our earnest request," Pittssaid, "that this section will be madetruly meaningful by the addition ofstandards and controls, includingcompetitive bidding, which willperform an effective yardstick func-tion for other plans to be admittedby the board."

Pitts also expressed the Federa-tion's strong conviction than anyplan approved for state contribu-tion should be open to state em-ployees without attaching any con-ditions of membership in an organ-ization.

In this regard, Pitts urged theboard to follow nationwide stand-ards for labor-management rela-tions. These standards, he pointedout, provide that benefits obtainedfrom an employer must be madeavailable to all employees in abroadening unit - not only thosewho may belong to the organizationthat was instrumental in obtainingthe benefits.

Pitts pointed out that a healthand welfare program negotiated bya union is open to all employees inthe bargaining unit, irrespective ofunion membership. By the sametoken, he said that any plan thestate approves as an employer fora contribution should be open tostate employees wihout attachingany organization membership con-ditions.Under a proposed regulation be-

fore the board, plans sponsored byemployee organizations and ap-proved for the state's $5 contribu-tion would be open only to em-ployees who are members of thesponsoring organization.

RVPum , :,l t",r77"T-V1-

California Labor Federation, AFL-CIO995 Market StreetSan Francisco 3, Calif.

FORM 3547 REQUESTED

Two-Year Report onFPEIP Operatlion

(Continued from Page 3)signed commissioners found strongevidence of discrimination but wereunable to obtain corrective actionthrough conciliation. Formal ac-cusations were therefore filed. Intwo cases, the commission held pub-lic hearings which resulted in or-ders against the respondent employ-ers. (An appeal by one of these, theSanta Fe Railroad, is pending in LosAngeles Superior Court.) The thirdand fourth hearings are scheduledto be held in November.One index of the effectiveness of

the FEP law is found in the many"firsts" in hiring or upgrading ofminority workers in California dur-ing the past two years. Recently aveteran dining-car waiter was pro-moted to steward-the first Negroto hold this position in that rail-road's history. A professional golferwas placed as a starter at a publiclyowned course-the first Negro inthat civil service position in thearea.A few of the many others listed in

FEPC files are the first Negro busoperators promoted to supervisoryposts in two major transit systems;first of their race hired as routedrivers by several dairy companies;first to handle real estate transac-tions for a large school district;first employed as security officer ofa department store; first walkingbosses in shiploading operations;and first secretary in a departmentof a big utility.

In two years the Division of FairEmployment Practices has beenstaffed and its personnel trained,offices have been opened in SanFrancisco and Los Angeles, pro-cedures have been established andrefined, more than a thousand caseshave been processed, a number ofpublications explaining the law andpromoting its objectives have beenissued and distributed, and a state-wide program of community rela-tions has been initiated.

Industrial Relations LIbrarianInstitute of Industrial Relations214 California^ HallUn4versity of Call forniaBer'keley 4, Calif.

Union Rights Pushed for US.Setting the stage for hearings Service Leag

scheduled in San Francisco on Sep- gram, presidtember 25, the AFL-CIO last week tional Allianccalled upon the federal govern- William H.ment to become a "leader, not a fol- San Francisclower" in the labor-management president, Aifield. GovernmentAs lead-off witness at hearings 1655; and Dar

before the President's Task Force dent, Operalbefore theesiens ~No. 731.on employee-management relations In Washiiin the federal service, AFL-CIO week, Biemillegislative director Andrew J. Bie- June 22 me]miller urged that the Kennedy Ad- the task forceministration act decisively to ex- agement offiitend to the government's 2.4 mil- recognize thhlion civilian workers collective bar- ployees of thgaining rights "which have long to join and Ibeen guaranteed by law to em- He said the pployees in private industry." be promptly

Biemiller urged the Presidential deint, or bottask force, headed by Labor Secre-tary Arthur J. Goldberg, to recom- . Biemiller smend an executive order which ions are notwould: strike agains

o Protect the right of federal ment, but "ifworkers to organize "without fear service, anal]of reprisal." be found for

Provide exclusive bargainingcrights and negotiation of written NCILIATIagreements with unions which es- The AFL-Ctablish majority representation in unions andappropriate bargaining units. are unable tc

* Permit voluntary check-off of the Federal 1Vunion dues. tion Service EThe San Fr a n c is c o hearings, gotiations.

scheduled to take place in the Post As subjeclOffice and Court House Building, ment negotialwill be conducted by a panel of the by Congressiparent task force group, chaired by listed workCarlisle T. Runge, assistant secre- ferentials, auitary of d e f e n s e for manpower. fers, job classSlated to testify in San Francisco hours of worare the following persons: James A. individual anCampbell, national president, Amer- Recognitio:ican Federation of Government Em- clared, shoulcployees; W e b s t e r F. Ay, presi- organizationsdent, Long Beach Naval Shipyards employees inMetal Trades Council; Carl J. Sax- ment, and sbsermeier, regional field director, to social or fNational Association of Letter Car- ganizations sriers; John F. Fisher, National Civil ment agencie

-4-

NON-PROFITORGANIZATIONU. S. POSTAGEP A I D

San Francisco, Cal.Permit No. 7085

Employeesgue; Raymond L. In-lent, District 10, Na-e of Postal Employees;Smith, executive vicelderated Employers ofco; Walter H. Wade,merican Federation ofEmployees, Lodge No.nny J. O'Donnell, presi-ting Engineers Local

ngton testimony lastller praised Kennedy'smorandum setting upe, and calling on "man-icials at all levels" toe "right of all em-ie federal governmentparticipate" in unions.olicy statement shouldbacked-up by "legisla-tive order of the Presi-1.,,

said that AFL-CIO un-; seeking the right to;t the federal govern-f collective bargainingeffective in the federal[ternative will have tothe right to strike."[ON FAVORED1O proposed that whengovernment agencies

D reach an agreement,Vediation and Concilia-should assist in the ne-

ts for union-manage-tions (except where set-onal action), Biemillerprocedures, shift dif-tomation, safety, trans-sifications, promotions,rk, disciplinary action,cd group grievances.n, the AFL-CIO de-d be limited to nationalset up to representdealing with manage-

iould not be extendedfraternal groups or or-sponsored by govern-3s or departments.

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