Executive Order 11482—Establishing a Construction Industry Collective Bargaining Commission

WHEREAS, the national interest requires a steady level of construction activity; and WHEREAS, labor-management relations in the construction industry reflect numerous signs of strife and tensions and the national interest requires an improvement in the procedures and performance of collective bargaining in this vital sector; and WHEREAS, the continuation of these problems tends to encourage widespread public demand for governmental regulation and controls; and WHEREAS, the achievement of greater stability in the flow of construction volume is essential; and WHEREAS, the Federal government and local and State governments, being major industry consumers, have a substantial interest in construction activity; and WHEREAS, the labor and management organizations in the construction industry recognize that industrial strife tends to disrupt construction operations and adversely to affect other sectors, including the public; and WHEREAS, the Commission hereinafter provided for is designed to develop voluntary tripartite procedures to be followed in the settlement of disputes over the terms of collective bargaining agreements in the construction industry involving the standard labor and management organizations, and to engage in such related activities as will facilitate industrial peace and stability in the construction industry but the establishment of the Commission is not intended to provide for compulsory arbitration or for any compulsory limitation on the right to strike or lockout; Now, THEREFORE, by virtue of the authority vested in me as the President of the United States, it is ordered as follows: SECTION 1. There is hereby established a Construction Industry Collective Bargaining Commission (hereinafter referred to as the Commission). The Commission shall be composed of twelve members as follows: (1) The Secretary of Labor, who is hereby designated as the Chairman of the Commission, (2) the Director of the Federal Mediation and Conciliation Service, and (3) the following members, all of whom shall be appointed by the President: (i) two members representative of the public, (ii) four representatives of labor organizations in the construction industry, and (iii) four representatives of employers in that industry. Representatives of the labor organizations and the employers shall be appointed after consultation with various national labor organizations and contractor associations in the construction industry. Alternate members also may be designated. SEC. 2. The Commission shall have an Executive Director, designated by the Chairman, who shall assist the Chairman and the Commission in the performance of their functions as they may direct. The staff to be made available to the Commission shall include a person drawn from the Federal Mediation and Conciliation Service to assist in coordination of mediation activities of the Service and the work of the Commission, a person from Department of Labor staff engaged in the administration of the Davis-Bacon Act, and such research and other personnel as may be necessary. SEC. 3. The general objectives of the Commission shall include, but need not be limited to, the following: (a) To study relevant private and public policies; (i) to upgrade the skills of, and to increase the labor force engaged in the construction industry and improve training procedures; (ii) to reduce the instability of demand for construction labor, and (iii) to provide a greater number of weeks of work per year to those engaged in the industry. (b) To strengthen the role of the national labor organizations and the national associations of contractors in the dispute settlement process, and to enhance their responsibility for the results of collective bargaining in the industry. (c) To establish more effective machinery for the resolution of disputes over the terms of collective bargaining agreements which at the same time recognizes the interests of each branch of the industry and preserves existing procedures that have been effective. (d) To identify means to improve and adapt the structure of collective bargaining in the industry to meet the challenges of technological innovation and changing demands. SEC. 4. The Commission is authorized to conduct studies and to make general recommendations respecting any problems relating to collective bargaining in the construction industry which may be presented to it from labor, management, or the public representatives. Such problems may include, but need not be limited to, the training and development of manpower, instability, the improvement of productivity and technology, the improvement of the mobility of the labor force, the portability of pensions, and job security. The Commission is also authorized to make general recommendations to the parties in the industry respecting collective bargaining practices and procedures. SEC. 5. (a) The Commission is authorized to intercede in any labor dispute in the construction industry whenever in its judgment the labor dispute over the terms or application of the collective bargaining agreement is likely to have a significant impact on construction activity in a locality, or in other localities. The Commission is further authorized to develop a procedure whereby, as a matter of national interest, a 30-day period may be observed during which mediation and related activities may take place without the occurrence of a strike or lockout or other change in terms or conditions of employment except by mutual agreement of the parties. The Commission or a panel designated by the Commission may, with the assistance of national labor organizations and national contractor associations where appropriate, seek to mediate such dispute, or make an investigation of the facts of the dispute and make such recommendations to the parties for the resolution thereof as it determines appropriate. In making any such recommendations, the Commission shall give due regard to the area and craft differentials, to the consequences of settlements on employment and on the economy of an area, and to other factors customarily considered by parties in collective bargaining. (b) The Commission may hold such hearings, take such evidence, and gather such facts as it deems necessary and appropriate hereunder. Such hearings may include oral presentations by the parties and participation by such other persons from the area, or otherwise, as the Commission deems would facilitate the discharge of its responsibilities under this order. SEC. 6. The Commission is authorized to issue such rules and regulations, and to adopt such procedures governing its affairs, including the conduct of its disputes settlement functions, as shall be necessary and appropriate to effectuate the objectives of this order. The Commission is authorized to establish panels composed of members of the Commission, alternates, or others, as may be designated by the Commission. Such panels may be authorized to act for the Commission and to exercise the authority of the Commission in such matters as the Commission may delegate or direct. SEC. 7. (a) Expenses of the Commission shall be paid from such appropriations to the Department of Labor and the Federal Mediation and Conciliation Service as may be available therefor. (b) All departments and agencies of the United States are authorized and directed to cooperate with the Commission in the effectuation of the purposes of this order to the extent authorized by law. (c) Members of the Commission who are officers or employees of the Federal Government shall receive no additional compensation by reason of this order. Other members of the Commission shall be entitled to receive compensation and travel expenses, including per diem in lieu of subsistence, as authorized by law for persons in the government service employed intermittently (5 U.S.C. 3109, 5703). SEC. 8. (a) As may be appropriate, the Commission shall consult with the Cabinet Committee on Construction and individually with heads of executive departments or agencies having responsibilities for programs affecting the construction industry. The Commission is authorized to request the heads of the departments and agencies concerned to establish advisory panels from representatives of such executive departments and agencies as may be necessary to carry out the objectives of this order. (b) The Bureau of the Budget is authorized to provide to the Commission information regarding Federal or Federally assisted construction. SEC. 9. The Commission shall make reports to the President from time to time on its activities and its progress in achieving the objectives and purposes of this order. The reports shall include such recommendations relative to the activities of the Commission as it shall deem appropriate. RICHARD NIXON The White House September 22, 1969