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Re-Run E ection 3eginsAs3a otsGoOut *** "Serving :be men wbo move tbe eartht" Ballots for the re-run of the 1972 election of officers have been mailed to over 35,000 operating engineers and brothers will spend the two weeks between November 12 1; ENGINEERS *NEWS0#304 and 26 voting for the candidates of their choice. The election re-run was PUBLISHED TO PROMOTE THE GENERAL WELFARE OF ALL ENGINEERS AND THEIR FAMILIES ~~~~~~~~~-~®s~ brought about by allegations of Ballots for the re-run election _ ~~~ 2 A c---r~,==*-----=-„.„,=....--.z..,=„1.~~~~ discrepancies in the conduct of were mailed Monday, November the 1972 election. Although Local 12 by Price Waterhouse and Co., 3 and the International Union a national accounting firm, Price felt that there had been no Waterhouse will also count the ~%.---~~ Guam. Where America's Day -- Begins - • Hawaii, #1 The 50th -1~K~ State • No. California, The Golden State · No. *=2=5=7====23«r Nevada, Silver Stite • Utah, Heart Of The Rockies wrongful acts Commi'tted, a re- ballots on November 26. run was decided upon in order Any member who does not re- 0 VOL 3-NO. 11 - SAN FRANCISCO, CALIFORNIA **4~~40 NOVEMBER, 1973 to avoid time-consuming and ceive his ballot by November 16 costly court litigation. should contact Price Waterhouse immediately. The firm's address may be found in a box on page 8 of this issue of Engineers News. * The counting of the ballots 4 will occur shortly after the post f office box where the ballots were sent is opened for the first and ; last time. This will be done on November 26 at 10 a.m. Shortly after the post office box is opened the ballots will be * taken to the California Hall, 625 + Polk St., San Francisco, where they will be counted in one large 1- 11 room. Before the actual counting, each ballot envelope will be checked against an eligibility list 4 -17 to assure that only valid ballots T I are counted. Then the outside envelope with the member's name and the inside envelope --r*rll' - 1 -'* containing the ballot will be separated to insure the secrecy of each member's vote. ELECTION COMMITTEE MEMBERS watch as Jeff Ferries L. Spence. In right photo committeemen watch as a mail- Each candidate will be allowed of Price Waterhouse and Co. unlocks the door to the mail man lifts ballots for transfer to waiting mai| truck. From to observe the counting proced- ure or to designate another per- Hodge, Webb, McDonald, Hawkins and room where ballots were stored prior to mailing (left left are Spence, son to act as his observer. In photo). From left are G. D. McDonald, Ferries, Lester John Jordan of the United States Department of Labor. order to act as an observer, how- Hodge, D. 0. Hawkins, Tom Eaton, Floyd Webb and H. ever, a person will be required to have written authorization over the candidate's signature. Strict security regulations will , Med-Arb also be enforced at the counting. Each candidate, observer and election worker will bear a badge during the procedure and must Synthesis Aids In Settlement Of Disputes check in and out at a desk op- by the Election Commit- Two existing processes for "I may have given it a name dox mediation nor the semilegal than for his knowledge of the erated the solving of labor-manage- but I didn't originate it," he said. stance assumed in an arbitra- subject, tee. No bags, briefcases, boxes or "The ment disputes have recently The Med-Arb process is, as its tion." kind of a guy you need bundles of any type will be per- name implies, a combination of According to Kagel, the medi- for Med-Arb is usually a guy who mitted to be brought past the been combined into a tool mediation and arbitration. KageI ation phase of the Med-Arb pro- has had plenty of experience in check-in desk by any candidate which is receiving much at- likes to think of the process as a cess is usually highly successful labor relations," he said. or observer. tention by people whose kind of' last resort, when nego- because the parties often settle According to Kagel, potential The counting of ballots will be business it is to see that em- tiation and orthodox mediation most disagreements rather than Med - Arbiters may often be have failed. leave the decision to the Med- found close to the dispute, in both done by machine and Price ployers and ernployees re- Basically Med-Arb consists of Arbiter. labor and mangement. Waterhouse will certify the win- main happy with each other. the selection of a Med-Arbiter Gene Barry, a commissioner of "What is required is for the ners in writing to the Election The tool is called Med-Arb and who is mutually acceptable to the Federal Mediation and Con- parties to open their minds and Committee. This will probably its most articulate spokesman is both labor and management. As ciliation Service, said that the use the experts around them," he be done on November 27. Sam Kagel, nationally recognized soon as the Med-Arb process is fact the Med-Arbiter must be said. "I've yet to find a guy who arbitrator, ex-labor attorney and agreed to the rights of strike and mutually acceptable to both is dishonest when he is given that Installation of officers will take partner in a San Francisco law lockout are given up, - parties also makes him more kind of responsibility." place not later than December firm. According to Kagel, the effective in the role of mediator. Kagel said that more wide- 15 at a specially called meeting Although often referred to as strength of the Med-Arbiter lies According to Kagel, the biggest spread use of Med-Arb would be in District 1. the originator of Med-Arb, Kagel in the fact that he has the legally problem is to get both parties to a great heIp to the Federal Medi- inists that this is untrue, and that enforceable authority of an arbi- be totally candid with respect to ation and Conciliation Service the process has been used for trator. If a complete settlement desires, expectations, etc. since nnanagennent and labor ELECTION NOTICE years. cannot be reached through medi- "Everyone always wants to would be more inclined to submit ation, he has the power to decide keep something in reserve," he to mediation if they realized that If you have any questions said. "They always want to pro- the alternative was Med-Arb. regarding your local union ELECTION MATERIAL the remaining issues himself. their flanks." Commissioner Barry said that election ballot for officers and Omcial information govern- "This gives the Med-Arbiter tect One of the most important as- he is impressed with the success district executive board mem- ing the upcoming election of muscle which is not available to pects of Med-Arb is that it avoids of Med-Arb. ben, please contact the fol- officers of Operating Engineers him if he acts soley as a medi- costly strikes or lockouts and the "When you actually see the pro- lowing: Local Union No. 3 may be ator," Kagel said. "It places the Med-Arb cess first hand you're more im- found on pages 9 and 10 of Med-Arbiter in a position where ensuing litigation. Once Price Waterhouse & Co. pressed with it because you get 555 this issue of Engineers News. he does far more than transmit begins the strike or lockout, if it California Street ends. If the to know it better," he said. Sample ballots, extracts of messages between labor and has already started, San Francisco, Ca 94104 lockout has not begun Med-Arb has been successful in pertinent bylaws and other management. He, in effect, be- strike or Phone: solving difficult labor - manage- material have been placed on comes a party to the negotiations when Med-Arb is agreed to, it Area Code 415/392-1032 to do ment problems in the past. In these pages for your conve- in the sense that, while negoti- cannot start since the right Ask for: Jan Spinale ating, each of the contending so is forfeited. 1970, the agreements of the Cali- nience. Please read rules gov- Fraternally Yours, parties must necessarily seek to Obviously a crucial aspect of fornia Nurses' Association ex- erning the election carefully. Tom Eaton, Secretary convince him that their position the Med-Arb process is the selec- pired with three groups of It is the hope of your omcers Election Committee, is reasonable and acceptable. In tion of the Med-Arbiter. Kagel hospitals. Four thousand nurses that you will make every ef- Operating Engineers so doing, the parties no longer said that a common mistake is and 33 hospitals were involved fort to participate in this vital Local Union No. 3 election year. maintain the arm's length atti- selecting someone for his ap- in this case. After both parties | tude normally assumed in ortho- parent bias or lack of bias, rather See MORE MED-ARB, Page 3 November, 1973 fl Page 2 ENGINEERSNEWS f': As announced in the Sep- World of Work v tember edition of the Engi- I neers News, a hearing was held on October 15, 1973, re- garding the approval of the Apprenticeship Programs settlement of the law suit in which the Operating Engi- neers had alleged that certain 4..,ell¢Cllve manufacturers and distribu- Make Success a Reality tors had intentionally mis- marked various self-propelled By PETER J. BRENNAN available under Federal law to boom type lifting devices.

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