Fact-finding Board Research Articles

Collective Bargaining by Civil Servants

In this article, the Author describes organization as a fundamental fact of life and the right of association as a civil liberty and a basic need for civil servants. Should these remain suppliant, or become truly demanding? Collective bargaining brings about important changes in the relationship between the parties which are all to the good. The Author examines various alternatives (strike, arbitration, conciliation, fact-finding boards) for dispute settlement, describes the scope of bargaining and the problems of representation of the civil servants, paving the way toward "a sounder relationship" between them and the government.

Komplikation nach Meningeomembolisation

This report concerns a 41-year-old female patient with a huge meningioma which was preoperatively embolized with polyvinyl alcohol particles (PVA, 100-300μm) via the left middle meningeal artery. Dangerous vascular anastomoses were not previously recognized in a superselective angiography. Aphasia and hemiparesis on the right side occurred immediately after the embolization. A cerebral infarct was seen in the region of the left pericallosal artery. The patient applied to the fact-finding board for medical liability and a neuroradiologic opinion was requested. The board came to the conclusion that no incorrect medical treatment had been carried out.

Intrazerebrale Blutung als Tumor verkannt

Report of a 33-year-old woman who had sudden vision problems and homonymous hemianopia on the left. A cranial computed tomography (CCT) was carried out in a radiologic practice. A native homogeneous, smooth-edged hyperdense intracerebral mass of about 5.5 cm diameter on the right parietooccipital region with density values of +50 HU was found. Only a small proportion of about 2 cm diameter was more hyperdense with density values of +65 HU. Following intravenous administration of contrast medium, a patchy increase in density of about 1 cm was seen. The mass had only a thin hypodense rim. The patient was informed that she had a tumor. Three days later, magnetic resonance imaging was to be done for further evaluation. After the patient had returned home, she had headaches, nausea and vomiting in the evening. At night, she was admitted to a hospital as emergency case. With further increase of intracranial pressure, a craniotomy was done and a hemorrhage was removed. Histologically, a bleeding of a cavernous hemangioma was found. The patient appealed to the fact-finding board for medical liability questions because she had not been admitted to a hospital immediately after the CCT. Therefore, surgery was done delayed. The board found that the behavior of the radiologist was wrong. However, it cannot be proven that this medical malpractice is of importance for the existing postoperative complaints.

Mediainfarkt nach Aneurysmacoiling

The report concerns a 44-year-old female patient with incidental left middle cerebral artery aneurysm. After endovascular therapy by coiling, a hemiparesis was observed following extubation. Disturbance of speech and disorientation added later. An infarct of the lenticular nucleus was found. The angiography showed an occlusion of a frontal opercular branch of the left middle cerebral artery. The fact-finding board for medical liability should investigate, if the infarct with continuous neurological deficits is explained by improper treatment and if the following management of complication was adequate. A neuroradiologic opinion was requested. Based on that, the board came to the result that no incorrect medical treatment was done.

Folgen einer nicht erkannten Subarachnoidalblutung

Report of a 42-year-old woman who had an acute severe headache, sickness, and a short-term seizure. After hospitalization, a computed tomography (CT) study was done and reported as normal. The discharge home followed after symptomatic treatment for 5 days. 10 days after the first acute onset appeared a second event with similar symptoms. Now, a subarachnoid hemorrhage with an intracerebral bleeding of the left frontal lobe was diagnosed in another hospital. This was suspicious for an aneurysm of the anterior communicating artery. It was treated with coiling and, in addition, an installation of an external cerebrospinal fluid (CSF) drainage was necessary because of a hydrocephalus with development of a temporary CSF leakage. The patient appealed to the fact-finding board for medical liability questions because of the misdiagnosis of the first treating hospital. The board found the adjustment of damages of the patient to be valid and recommended an extrajudicial regulation.

Labor-Management in World War II

Essay| June 01 1965 Labor-Management in World War II Milton Derber Milton Derber Professor of Labor and Industrial Relations,Institute of Labor and Industrial Relations, University of Illinois During World War II, Milton Derber worked with the Office of Price Administration, the National Labor Relations Board and the National War Labor Board. In 1945—46, he served on the President’s fact-finding boards for the General Motors and Pacific Coast Longshoremens labor disputes. At the University of Illinois since 1947, Mr. Derber has been a frequent writer in the field of labormanagement. His most recent books are: Labor and the New Deal (Madison: University of Wisconsin Press, 1957), The Local Union-Management Relationship (Urbana: University of Illinois Press, 1960), and Plant Union-Management Relations: From Practice to Theory (Urbana: University of Illinois Press, 1965). Search for other works by this author on: This Site PubMed Google Scholar Current History (1965) 48 (286): 340–345. https://doi.org/10.1525/curh.1965.48.286.340 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Twitter LinkedIn Tools Icon Tools Get Permissions Cite Icon Cite Search Site Citation Milton Derber; Labor-Management in World War II. Current History 1 June 1965; 48 (286): 340–345. doi: https://doi.org/10.1525/curh.1965.48.286.340 Download citation file: Ris (Zotero) Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu toolbar search search input Search input auto suggest filter your search All ContentCurrent History Search This content is only available via PDF. © 1965 by The Regents of the University of California1965 Article PDF first page preview Close Modal You do not currently have access to this content.

Wage Criteria for Collective Bargaining

The increasing reliance on arbitration and fact-finding boards in recent years has been accompanied, inevitably, by a search for formulae for determination of wage issues. In emergency situations, in periods of wage stabilization, in specific industries (such as public utilities), and under the requirements of labor relations statutes, boards have been directed to ascertain the facts and to judge a variety of criteria offered to support arguments for or against wage adjustments. It is therefore perhaps an appropriate time to review, as does this article, the validity and usefulness of the various criteria suggested as a basis of wage determination. (Author's abstract courtesy EBSCO.)

The Influence of Pattern-Bargaining on Manufacturing Wages in the Cleveland, Ohio, Labor Market, 1945-1950

ONE of the most popular explanations for the rapid rise in wage rates after World War II is the pattern theory. This is the viewpoint that the bargains between large unions and large multiplant firms in the basic industries, such as the basic steel and automobile industries, became patterns for wage raises throughout the rest of the economy. The pattern theorists hold that the postwar rounds of wage increases in those industries resulted in waves of similar wage increases in the same and other industries because of pattern-following by other firms and unions.' The purpose of this study is to determine with empirical data the extent of pattern-following by manufacturing firms in a representative labor market in the five years immediately following World War II. Cleveland, Ohio, was selected as the locale for this study because of the size and diversity of the area as a labor market. The office of the Associated Industries of Cleveland was used as a base for the collection of data. The data obtained from each of the firms that participated in the survey were the plantwide straight-time average hourly earnings for any one payroll period in each of the following six benchmark periods: September I945, September I946, September I947, September I948, September I949, and the summer of I950. The use of these benchmarks permitted detailed year-by-year comparisons of Cleveland wage increases with the pattern increases. Since "pattern-setting" major industry agreements were concluded in early I946, early I947, and the early middle of I948, the first four benchmarks delineated three complete rounds of wage increases. During the first 23 months after September I948, no major acrossthe-board wage increases were given in either the steel or auto industries. However, in both of those industries pension and welfare programs were agreed upon in late I949 and early I950. These became the patterns for those industries that year. Therefore, the last three benchmarks (including September I948) delineated two years without major wage changes in either pattern-setting industry. Data were collected from I20 manufacturing firms with more than ten employees each. These firms were classified according to size, industry, and unionization for purposes of the tabulations. Information was also obtained from 2I of these employers on their wage chronologies (i.e., dates and amounts of their across-theboard wage changes) during the period. In addition, supplementary information on wage changes was obtained from interviews with a number of employers and the secretaries of the Cleveland Newspaper Publishers Association and the Ladies' Garment Employers Association. In the analysis below, wage changes and increases in straight-time average hourly earnings are compared primarily with the patterns established in the steel industry. The steel industry was selected for this purpose in preference to the automobile-manufacturing industry * The author has benefited from discussions with many persons on this subject, but especially Professors Harbison, Rees, Wallis, and Lewis of the University of Chicago. Grateful acknowledgment is made to Messrs. McClancy, Black, and Capes, and other members of the staff of the Associated Industries of Cleveland, without whose assistance this study could not have been made. The author assumes all responsibility for errors of fact or judgment in this report. ' The pattern theory is held in different forms by a number of labor and management representatives, as well as labor economists and arbitrators. The results of the I949 negotiations in the Basic Steel Industry show clearly the influence of the pattern theory. In that case, the Presidential fact-finding board rejected the union's request for a wage raise on the grounds that the pattern-setting effects of that raise would cause further inflation. However, it approved a pension and welfare program for the industry because of its supposed desirable economic effects. See Report to the President of the United States on the Labor Dispute in the Basic Steel Industry (Washington, 1949), pp. 50-52 and 74.

Collective Bargaining and Fact-Finding Boards

Collective Bargaining and Fact-Finding Boards

Collective Bargaining and Fact-finding Boards

Collective Bargaining and Fact-finding Boards

Collective Bargaining and Fact-Finding Boards

Studies the impact of fact-finding boards on collective bargaining in the United States. Roles of boards; Threats to the customary pattern of collective bargaining; Effectiveness of boards in averting strikes; Consequences of reliance to government intervention. (Abstract copyright EBSCO.)

Collective Bargaining and Fact-finding Boards

Collective Bargaining and Fact-finding Boards

The New Industrial Pensions

HE career of the Steel Industry Fact-Finding Board's Report and Recommendations, which were issued on September IO, I949, has been a curious one. The Board recommended that the steelworkers withdraw their demand for a general wage increase, and that a system of private retirement benefits, supplementary to those afforded under the Security Act and financed entirely by employers, as well as against death, disability, and hospital and surgical expenses, be established throughout the industry by collective bargaining between employers and the Union. The recommendations were immediately accepted by the Union and the Report was widely hailed in the public press as a statesmanlike document. The steel industry, after an ill-conceived and hopeless show of resistance on behalf of employee as well as employer contributions, surrendered on the basis of the Bethlehem pension settlement, the terms of which were somewhat more generous than those recommended by the Board. Meanwhile Ford Motor Company had concluded its pension settlement with the auto workers, and it had become clear that retirement benefits would be the main issue in collective bargaining during I949 and I950. The reasoning which led the Board to its recommendations was simple: Retirement benefits and social insurance are necessary; government has not made adequate provision; therefore negotiated plans be incorporated in collective bargaining agreements. Social insurance and pensions, the Board said, should be considered a part of normal business costs to take care of temporary and permanent depreciation in the human 'machine', in much the same way as provision is made for depreciation and insurance of plant and machinery. This obligation be among the first charges on revenues . . . So long as Government fails to provide an adequate amount, industry take up the slack. This was the extent of the Board's general appraisal of a private, companyby-company social security system. Whether, in view of customary claims of human dignity, the analogy between man and machine provides a satisfactory ethical basis for social protection is perhaps not too important. But whether private industry is in a position to offer such protection that is, whether industrial retirement and insurance plans can measure up to the need is highly important and is a question to which the Board did not address itself. The inherent weaknesses of private pensions will be reviewed at a later point in this article, which is limited to the retirement problem. It will be shown that even on the most optimistic assumptions the majority of the gainfully employed will not be covered by industrial retirement plans of the type which the Board has sponsored; that among those theoretically covered, the majority will receive no benefits, or partial ones at best; and that among those receiving benefits, many will pay the price of remaining on jobs which have become unsuitable. Clearly these are not the characteristics of a sound retirement system. And yet it may well be that the Report of the Daugherty Board, and the subsequent union-management agreements such as those at Ford and Bethlehem, are playing a crucial role as catalysts in social politics. In the months following the issuance of the Report, the basic inadequacies of private plans were often noted. Moreover, inasmuch as pensions payable under recent agreements are net of Old Age and Survivors Insurance benefits under the Security Act, employers were given a strong motive to press for larger and more inclusive OASI benefits. Promises to modernize the Act had been reiterated in Republican and Democratic campaign platforms for many years, and proposals to that effect had long been shunted about in Congress. Now redoubtable adversaries of the Welfare State joined with union leaders in seeking immediate

Principles of Arbitration in Wage Rate Disputes

The purpose of this paper is to analyze the principles most commonly relied on by arbitrators in settling, and by fact-finding boards in recommending the solution for, wage rate disputes. The principles examined are (1) the Cost of living, (2) the living wage, (3) the prevailing wage, (4) the reduction in amount of take-home pay and the national interest, (5) productivity, and (6) the ability to pay. Where feasible the approach adopted is to define the principle under discussion, to reveal how it is applied and developed in various factual situations, to raise the problems implicit in its application, and finally to come to conclusions as to its usefulness in correlation with other principles and its limitations under diverse economic conditions. The emphasis throughout is on the primary fact that the function of an arbitration award is to settle a dispute and not to propound a systematic theory of wages. In this regard, it might be noted at the outset that ethical doctrines can have as great an influence as economic principles if the parities are willing to accept them as the basis upon which their differences are to be adjusted. (Author's abstract courtesy EBSCO.)

Wages and Prices--A Case Study

THIS paper will show how the method of correlation analysis can be applied to specific wage-price problems as they relate to an individual corporation or to whole industry, and how it can be of use in the fact finding phase of negotiations seeking to solve the problems. The corporation considered is the United States Steel Corporation. The industry used as an example is the automotive industry.2 Fact finding alone will not solve the economic conundrum of how to divide a common possession in such manner as to give one partner more without giving the other less. I John Bates Clark pointed that out 50 years ago. But he hoped then, as he observed the collision of the massed forces of capital and labor, for plan of division obviously as to settle once and for all the question of proportionate -shares, and to concentrate the energies of all on the securing of large product. 4 President Truman in the fall of I945 hoped that his Fact Finding Boards would, by uncovering the facts underlying wage disputes, hit upon the plan obviously just that the force of public opinion would compel agreement. Beginning with the General Motors Fact Finding Board and going right down the line, these high hopes have not been fulfilled. Without principles of adjudication agreed to by all parties, facts alone cannot settle disputes. If, for example, the to pay principle were eliminated as criterion in wage-price disputes, the facts on the profits of an industry or firm would be considered irrelevant. Similarly, if the engendering of inflationary forces were of no concern to the government, the magnitude of price increases would be of little consequence, and facts on costs and profits would become unnecessary. It is sometimes thought that the intervention of the government in wage and price negotiations makes necessary the employment of complicated statistical procedures involving many assumptions. Such position implies that if there were no wage and price control and prices and wages were determined by the market and free collective bargaining, the use of such techniques and assumptions would become unnecessary. Perhaps the use of correlation techniques by the OPA in the Little Steel formula negotiations of I944, and by the Fact Finding Board in the General Motors case in I945, is responsible for this view. In actual fact, any firm contemplating price or wage change must have some notion of the effects of its action on its revenues, costs, and profits. If wage agreements are arrived at by bargaining without the intervention of government, the firm must implicitly assume some productivity level for the period of the wage contract, some level of production, of prices which it will probably pay, and of prices which it will probably charge. If the wage contract is for one year, then in effect the firm is predicting these variables for the next year. Whether or not it does so by methods of correlation analysis is largely accidental. What is argued here is that objective statistical analysis can be extremely useful in answering the questions which must be answered, whether or not there is government participation in wage negotiations or government control of prices. To be sure when there is no price control, the ability to change prices within the scope of competitive market allows for the relatively The opinions expressed in this paper are purely personal and do not necessarily reflect the views of the Antitrust Division of the Department of Justice or of any other agency of the federal government. 2The data used for the United States Steel Corporation are published in the annual report of the corporation to its stockholders. The analysis and methods follow that of the OPA report entitled Steel Industry: Prices, Profits and Costs (August, I944) prepared by the author. The analysis for the automobile industry is based on non-confidential data published by various government agencies. The data and methods used in analyzing the automobile industry were worked up by J. Harvey Edmonston and the author and presented by the Department of Commerce to the General Motors Fact Finding Board. A summary of the conclusions of the automotive report appeared in the Weekly Report to the Secretary of Commerce of October 24, I945. 'John Bates Clark, The Philosophy of Wealth (I894), p. I83. 4bid.

The Grand Jury as an Agency of Social Control

The discussion should have centered around the anachronistic methods and procedures of the national life. It should also have considered the inadequate training of lawyer-judges for the tasks they regularly undertake. Modern times require modern techniques, as well as an understanding of scientific methods. This is one of the most important problems we now face after the war. The necessity for highly trained, expertly qualified individuals to function in an orderly, systematic way as fact finding boards of review and administrative tribunals is fundamental. We cannot safely afford much longer to ignore this necessity.