Part 7

_5. Nomination and election of representatives._

To facilitate the nomination and election of employees’ representatives, and to insure freedom of choice, both nomination and election shall be by secret ballot, under conditions calculated to insure an impartial count. The company shall provide ballot boxes and blank ballots, differing in form, for purposes of nomination and election. Upon entering the meeting, each employee entitled to be present shall be given a nomination ballot on which he shall write the names of the persons whom he desires to nominate as representatives, and deposit the nomination ballot in the ballot box. Each employee may nominate representatives to the number to which the camp is entitled, and of which public notice has been given. Employees unable to write may ask any of their fellow employees to write for them on their ballots the names of the persons whom they desire to nominate; but in the event of any nomination paper containing more names than the number of representatives to which the camp is entitled, the paper shall not be counted. The persons--to the number of twice as many representatives as the camp is entitled to--receiving the highest number of nomination votes shall be regarded as the duly nominated candidates for employees’ representatives, and shall be voted upon as hereinafter provided. (For example: If a camp is entitled to two representatives, the four persons receiving the largest number of nominating votes shall be regarded as the duly nominated candidates. If the camp is entitled to three representatives, then the six persons receiving the largest number, etc.)

_6. Counting of nomination and election ballots._

The chairman shall appoint three tellers, who shall take charge of 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._