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Case 5319

 File — Carton: 309, 318

Scope and Contents

From the Collection:

The Sam Kagel collection contains arbitrations and mediations heard by Sam Kagel and other members of the firm of Kagel and Kagel from the late 1940s until the mid-1990s.



The arbitration cases involve disputes over the interpretation and/or application of an existing labor contract. They can involve a wide range of issues, including pay, promotion, lay- offs, and discharges, among other matters. The files vary in size from one-eighth or one-quarter inch to several inches thickness. Typically, an arbitration file will include the decision in the case, the transcript of the hearing over the dispute, and some exhibits, usually documents related to the dispute, such as notices of discipline, correspondence, and company forms. Often the file also will contain a copy of the labor agreement and briefs, arguments by the attorneys representing each side for their position. Less often, the file includes photographs related to the controversy.



The mediation cases involve efforts to settle a dispute between parties by assisting them in resolving or compromising their differences. The mediator does not rule on the dispute or make any decisions regarding it. These cases are more common later in the collection. Typically they contain statements of position by each side with accompanying documents. If an agreement is reached, it is usually contained in the file.



Sam Kagel arbitrated over 9000 cases involving many different industries during his career, and as a result, the collection contains significant documentation on many areas and industries. Geographically, the collection is strongest for the Bay Area, for California, and for the Pacific Coast, but it contains arbitrations from other states, including Nevada, Arizona, Utah, Texas, and Ohio. The collection provides in-depth documentation on a wide variety of industries and businesses. Its strengths include a nearly complete collection of Kagel's decisions as permanent arbitrator between the shipping industry (Pacific Maritime Association) and the International Longshoremen's and Warehousemen's Union (ILWU), covering a period of 54 years. For the Bay Area, the collection contains important collections relating to area newspapers, hospitals, BART, and the soft drink industry. It also contains arbitrations involving Bay Area city and county governments, including police and fire department cases, local universities, and many other local businesses. For California, the collection includes a number of highly significant United Farm Worker cases. For the Pacific Coast, the collection is especially rich in cases involving the pulp and paper industries, for which the Kagel firm heard a very large number of cases. On a national level, there are a significant number of aerospace cases and an important collection of National Football League arbitrations.



The nature of the disputes Kagel heard varied greatly. Discharge and discipline cases constituted the largest single category. These cases involved suspensions and terminations for a wide variety of reasons, including alleged incompetence, theft, fighting, and insubordination. An important subset of these cases involves discharges for drinking or for drug use, and these files illuminate changes in industrial policy about substance abuse. Significant groups of cases exist for many other topics, however. Particularly starting in the 1980s, the collection includes cases involving discrimination and sexual harassment; some of these cases are mediations, typically involving white-collar businesses. Other important topics include picket line behavior during strikes, plant closings, and hiring and promotion decisions. Several large cases involve efforts by by Kagel and his son John to mediate contract negotiations, including for bay area hospitals, for police, and for fire departments.



The photographs contained in the Kagel collection vary widely in subject matter and significance. Among the more valuable are aerial views of plants and pictures of factory interiors, with workers present. Other photographs include images of individual machines or parts, photographs submitted as evidence in discharge cases, and pictures of vehicle accidents.

Dates

  • 1949-1997

Access

Collection is open for research.

Extent

From the Collection: 756.25 Cubic Feet ( (609 cartons and 10 boxes))

Language of Materials

From the Collection: English

Creator

Repository Details

Part of the Labor Archives and Research Center Repository

Contact:
San Francisco State University
J. Paul Leonard Library, Room 460
1630 Holloway Ave
San Francisco 94132-1722 USA
(415) 405-5571