Section 7. Compensation of Weavers, a. The Impartial Chairman after a thorough investigation and study shall make a full report and issue rulings if found advisable, as to the basis and amount of compensation to be paid to weavers. Any such rulings of the Impartial Chairman in regard to compensation of weavers must provide for deductions of pay for any failure to accomplish fair production on the part of the individual weaver. Any such ruling or regulation shall be based upon the production records of the employers and such social and other conditions and facts as the Impartial Chairman may consider elements in the situation. No ruling relating to the basis of compensation of weavers shall be ordered by the Impartial Chairman which permits decreased production or fails to guarantee fair production, and any ruling which results in decreased production shall be immediately revoked and rectified.
b. Within one month of the time when the Impartial Chairman will take office, he shall issue a preliminary report in connection with this matter and shall set forth such facts as he may find desirable.
c. The final report when issued shall set the date when change, if any, in the basis or amount of compensation shall become effective. It is understood that any such ruling shall be made effective as speedily as possible, but must allow ample time for necessary changes in system if any, which the rulings of the Impartial Chairman may make necessary. The Impartial Chairman, for the purposes of this inquiry and in any other matters that may come before him, shall have full and free access to the production records of the employers and the records of the unions and may, subject to limitations which might be imposed by the Trade Council, retain additional persons to assist him. Every wage scale shall be accompanied by a scale of production and shall not be increased or decreased, during the manufacturing season of the individual employers, it being understood that this provision shall not apply to new articles which shall be introduced during a manufacturing season. The Impartial Chairman is to immediately consider and issue rulings on the standardization and uniformity of the number and bases of ratings, taking into consideration the quality and kinds of goods produced in the individual shop and any other factors which may bear on the question.
Section 8. Shop Adjustments. All complaints, grievances or disputes arising in the shop of any employer which cannot be adjusted within the shop shall be referred to the Impartial Chairman.
Section 9. Strikes and Lockouts. It is agreed that there shall be no lockouts on the part of the employers or strike or stoppage on the part of the weavers for any reason whatsoever during the existence of this agreement.
Section 10. Hiring and Discharging. The full power of hiring and discharge rests in the employers, but any weaver feeling aggrieved by his discharge may bring the matter before the Impartial Chairman providing he has been employed for more than two weeks, but the union does not hereby waive the right to appeal because of discharge based upon discrimination against the union. The Impartial Chairman shall have power to consider and make rulings as to the justification for the discharge of a weaver by the employer and the stopping of work by a weaver. In the event that a weaver stops work or fails to appear for work for reasons which the Impartial Chairman finds insufficient, such weaver may be ordered deprived by the Impartial Chairman of his membership in the union and such weaver and the Amalgamated Textile Workers of America or the local union shall be subject to such penalties as may be imposed by the Impartial Chairman. In the event that a weaver has been discharged by the employer for reasons which the Impartial Chairman shall find insufficient, the employer must abide by the ruling of the Impartial Chairman and shall be subject to such penalties as the Impartial Charman may impose, and the Impartial Chairman may allow in a case of an immediate appeal by a weaver, if such appeal is found justified, the pay necessarily lost by the weaver in the diligent prosecution of such appeal.
Section 11. Variations in Compensation. Compensation of all weavers, whether members of the Amalgamated Textile Workers of America or not, as ordered by rulings of the Impartial Chairman, shall not be increased or decreased in any way by the employers, and no presents, bonuses or gratuities in any form whatsoever may be given to any weaver by any employer without the consent of the Impartial Chairman.
Section 12. Preferential Shop. It is agreed that the principle of the preferential shop shall prevail, and that preference shall be given to weavers of the Amalgamated Textile Workers of America, in hiring, discharge and distribution of work. Whenever an employer needs additional weavers he shall first make application to the union, specifying the number and kind of weavers needed. The union shall be given 48 hours to supply the specified help and if it is unable or for any reason fails to furnish the required weavers to the satisfaction of the employer the employer shall be at liberty to secure them elsewhere. The Impartial Chairman may issue rulings extending this period of time, but in no event beyond one week. If the requests for weavers exceeds the number which the union can supply, there shall be no partiality or favoritism exercised in the apportionment of such weavers among the employers. The principles of preference shall be similarly applied in the case of discharge. Should it at any time become necessary to reduce the force, the first ones to be dismissed shall be those who are not members of the union of good and regular standing, but not previous to the running down of their warps. It is understood that the Impartial Chairman shall have power to discipline an employer who distributes work with the intention of discriminating against union weavers, and to order the discharge of an employee not a member of the union who endeavors to undermine the union, and to discipline a member of the union who endeavors to undermine the employment of a non-union employee. No weaver, however, shall be employed who was previously a member of Amalgamated Textile Workers of America and subject to discipline under its rules until he has been reinstated in good standing. If the initiation fees, asseesments, or penalties imposed by the union deter weavers from joining the union, the Impartial Chairman shall have full power to order the variation of the amounts and the dates of payment of such initiation fees, assessments or penalties.