Part 20

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.

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.