(The Litchfield News-Herald, Sep. 15, 1938) LRWA VICTOR IN SETTLEMENT RADIATOR Case Settlement of the National Labor Relations Board case against the American Radiator company plant here by a consent decree was "a complete victory for the independent union," Dennis J. Godfrey, attorney for the Litchfield Radiator Workers association, declared today. The decree brings the case to a close, he said, explaining that no appeal could be taken by any party because the settlement was agreed to by the firm and the N. L. R. B., the federal board set up to administer the Wagner act under which local No. 1770, Amalgamated Association of Iron, Steel, and Tin Workers, a Committee for Industrial Organization affiliate, brought charges of “unfair labor practices." The decree was signed and filed in Washington, D. C., Wednesday afternoon, Mr. Godfrey said. He reported that it included the following provisions: Clearing the L. R. W. A. of being company dominated as charged in the labor board decision, which ordered the association "disestablished" as a bargaining agent for employes. Instructing the company that it "may enter into collective bargaining with any labor unit which can prove a majority of the workers." ("And that is the independent union," said Mr. Godfrey.) And awarding Charles Coatney, allegedly discharged for union activities, $250 instead of two years' back pay and stating that he need not be rehired. The decision was appealed July 3 to the U. S. circuit court of appeals at St. Louis by Samuel Fordyce, St. Louis, attorney for the Radiator company. The consent decree was worked out between Mr. Fordyce, who was called to the Washington labor board office, and General N. L. R. B. Counsel Charles Fahy. It was in a telephone message from the company attorney that Mr. Godfrey secured his information about the decree. After the firm's petition for review was filed, Mr. Godfrey secured federal court permission in St. Paul to intervene in the case. (The St. Louis Globe-Democrat, Sept. 16, 1938) RADIATOR LABOR DISPUTE SETTLED A stipulation for settlement of a labor dispute between the American Radiator Company and a C. I. O. group of employes at its plant in Litchfield, Ill., was filed in the United States Circuit Court of Appeals here yesterday by attorneys for the company, the National Labor Relations Board and an independent union. The stipulation will be sent to St. Paul, Minn., where the court is in session, for approval and signing of a consent decree. If approved by the Appellate Court, the decree would end an appeal taken by the company from an intermediate report of a trial examiner, who found the company guilty of unfair labor practices. The company was alleged to have closed its Litchfield plant in May 1937, after workers formed a C. I. O. union. Company officials testified the closing was due to lack of orders and denied any discrimination against union workers. The plant was reopened last June. The stipulation provides the company will cease and desist from interfering with labor organization of its employes or from contributing support to any organization of employes, from discouraging membership in labor organizations by discharges or layoffs and from interfering with employes' rights to selforganization for collective bargaining. The stipulation also directed the company to bargain collectively with production and maintenance employes at Litchfield when an agency is selected and pay to Charles Coatney, discharged employe, $250 compensation for time lost. Another requirement of the stipulation was posting the decree in the plant. EXHIBIT NO. 352 OUTLINE AND NOTES OF MISS FREELING ON AMERICAN RADIATOR CASE (Those things on the original sheet which were inserted will be put in parenthesis. Those things with "X" above them in the original notes will have the 218054-40—vol. 6- -9 "X" placed in the parenthesis after the figure to which it refers. An asterisk will indicate that a pencil check mark had been placed before the sentence i the original notes. An asterisk at the right-hand margin will indicate a pend check mark at the top of the page.) Names: William Houlihan, rep.-45, 1120. Mona Kennedy, rep.-45, 1120. Charles Coatney, rep.-45. Harold Young, foreman, rep.-45, 807, 808 (X), 817-Thought plant word reopen soon. John Vaughn, Co. rep.-46, 63. Joe Cayce, Assn. organizer-522, 700. Ralph Cayce, Co. rep.-46. John Raider, Co. rep.-46, 63. Henry Mummy, Co. rep., son of supt., on bylaws comm. of assn., working now for U. S. Rad. Co.-51, 63, 373, 383, 550, 1238, 1373, 1428, 1435, 1739. Chris Mummy, father; George Mummy, uncle-7372, solicited-1003, employe 1014. Maynard Richards, took notes-46, 63. Warren Ziegler, rep.-63. William Whitley, rep.-53, 63, 1120. James Moore, rep.-63. (The above line was crossed out.) James Moore, straw boss, rep., foreman in Basso's absence-49, 50, 63, 530 544, 794, 897, 906, 928, 941, 950 (X. This number also has a circle around it.). 968, 1658 (X), 1661, 1670, 2313, 2525. Solicited for Assn. members-984. Pd. by the hour-2304. Some foremen pd by the hour-2311. Tom Boyd, rep.-63. Dernoncourt-229. Marion Basso, brother, solicited-945, 961, 963, 2312. Joe Basso, warehouse boss-390, 897. Cashen, foreman-400, 451. Al Bryant, foreman-451. Harold Dutch Stout, foreman-451, 802, 816 (this number is circled). Pearl Andres-asst. foreman-802, 1373, 1450, 1712, 1891. Fred Andrews, brother-1373, 1712. Russell Andrews-1405. Solicited-456, 712. Chris Mummy, master mechanic, asked people to sign white slips-901; one of workmen-904. Jim Thornton, foreman-827. Thomas Tibbs (foreman)-864. Wilhite-not a foreman-924. A. H. Johns, foreman-927. Skinner, rep.-1120. Newt Tibbs, br. of foreman, at meeting-2200. Bill Davis, temporary foreman-1709. Elledge, foreman once-1823. Asst. foreman have right to fire-2104. Employment office-970. Roach, asst. eng., classed with foreman, member-* SHUTDOWN *Had about 20 million sq. ft. of radiation at end of 1936. *Wanted to have about 12 million at end of 1937. *Owes 11 million dollars, in demand notes. *Estimated sales of type of radiation made at Litchfield-29,400,000′. *Production schedule 3 million ft. a month for first 3 months of 1937. *Litchfield, Bayonne, and Clarence Wooley plant at Buffalo making same type of radiation Prod. sch. at beg. of 1937 Bayonne-70,000' a day, 1,400,000 a month. Clarence Wooley-35,000' a day, 750,000 a mo. *Several plants making same type of radiation closed during 1929, 1930, 931-never reopened. *Sales at Litchfield first 3 mos. of 1937 below estimates by 500,000'. Inventory t end of March up 4 million from Jan. 1. *Decided they would have to cut out about 1 million feet a month in producion. Closed Clarence Wooley April 8 (cutting production about 30%). At end f April still under estimate by-10.1%. Reduce production further by closng Litchfield (cutting another 25%). Estimates farther off each succeeding nonth. *Bayonne reduced in June. Makes different kinds of radiation. *Largest inventory in 5 years at end of May 1937 in type of radiation made n Litchfield. *Big season begins in June; Sept., Oct. and Nov. biggest months. *Treasurer knew a day or two ahead about Clarence Wooley closing, a day or two later about Litchfield closing. *Various estimates and statistics show expected building boom in 1936, and increase in building. Decided drop in 1937. *Much less building in May than in March and April. *Stipulated that Clarence Wooley, Ch. of the Bd., telephoned Locke May 7. LOCKOUT Less radiation in Litchfield warehouse than usual at that time of year, but more than during first part of 1937. Sales VS. estimates: Jan.-9.3%; Feb.-16.3%, av.-12.5%; Mar.-6.5%, av.-10.8%; Apr.-8%, av.-10.1% Got worse. Clarence Wooley closed April 8. Percentage of decrease improved in April, but jobbers reporting stocks not moving. Union: Started organizing about Jan. 2, 1937. Went to see Union organizers on May 1. Organization meeting May 6. Notice in Newspapers. Charter dated May 20. 172 cards, out of 268 employees (Ex. 6). Assn. 158. 8 (5): Fellers Exec. Comm. called at plant May 20 and 21. Benedict out of town. Offered to return without any demands if R would consent to an election. would give no answer. Refusal to work with foremen. Conference June 9 with Benedict & Fellers arranged by Labor Board. No proof of majority and nothing to bargain about anyhow. Appropriate unit. B. rec'd on June 2, copy of letter from Board to Locke. Locke called him to Detroit for a few days. Conferred with Co. counsel from Buffalo who was there. Logan & B. had conference with Reg. Dir. June 7. Interview with CIO June 9. Between time of interview with delegation to make appt. & time appt. was kept, B. was waited on by another (the word "another" is crossed out) delegation from Assn. presenting proposed contract. Both claimed majority. No proof given-B. told both nothing to bargain about. No claim that it was a lockout. T. E. should have filed report with Reg. Dir. Report should have contained numbered findings of fact. R. Exc. 6. NRA petition: Signed by Dave Murphy-180, 2443. Asked investigation of labor conditions-181, 2443. Questioned about it by Benedict-181, 214, 2443. At Puckett's request-213. 8 (2): All previous efforts to organize thwarted. Expressed opposition to outside labor organizations. Formation of Plan to conform with NRA. Jack Davis. Benedict brought letter back from Detroit April 29. Read it April 30. James Moore (passed pet. in plant and) solicited members. Foreman in Basso's absence. Employee rep. twice. Paid by the hour, 20c more. (Worked till June 18.) Assn. seemed sure Plant would reopen when it had majority. Mayor, police officer, relief officers present at meetings-also, sec. of C. of C. rep. of bank. Bylaws, adopted June 9, provided for monthly meetings and dues. Next meeting Aug. 24. No dues collected. Money donated. Sent for charter Sept. 12, after charges had been filed. Delayed sending for charter and holding meetings because not yet recognized. Would not function if not recognized. Proposed recognition agreement-& demand-presented afternoon of June 9, adopted evening of June 9. Easterly went to Springfield June 5, to get form of bylaws, contract, etc. Other plants also have ind. union. Call on Puckett Aug. 24. Interference, etc. Mayor Millhouse. Dave Murphy discharged-taken back. Member of Assn. M. Gouterman-watchman. Francis Fellers-Chem. Lab. (This line is crossed out.) T. J. Nagle-watchman. F. Grimm-watchman. Goldie Crane charwoman. Francis Fellers-Chem. Lab. Wm. Schmuck-Locker Room. *H. G. Young-Millwright Foreman. *Walter Roach-Asst. Engineer; Engine & Boiler Room. Ware Room-Wm. Logsdon, Louis Kaiser, Wm. Saur, John Cavallo, Lee Koonce, John Hapner, Mike Boehm, Geo. Reubart, George Sage, Don Timmons, Emil Husman, Marion Basso, Chas. Martin, W. Henties, W. V. Eyman, W. T. Allen, Jas. Moore. Lockout: *Vacation with pay notice. *Picnic. *Softball games. All work went on as usual May 7. *Orders. *Warehouse not full. Attempts to bargain: Exec. Comm. called on Co. about May 20. (30-101.) Benedict on vacation Offered to return without any demands if Co. would consent to an election. Fellers gave no answer. 99, 123 (this number is circled), 142 (this number is circled and crossed out), 198, 235 (this number is circled), 238 (this number is circled), 1448, 2302. First request to bargain-142, 1449. Called May 31. Benedict not back. Told Fellers men would refuse to go back two at a time to work with foreman-101, 159 (this number is circled), 199, 368 (this number is circled), 543 (this number is circled), 1008, 2250, 2478, 2512 First segment to bargain-142 union members-161, 380, 2476. (The words "First segment to bargain" above are crossed out and "No discrimination in calling back" substituted.) Conference June 9 with Benedict and Fellers. Arranged by Labor Board. Refused to include Dernoncourt. No proof of majority offered. No suggestion of election. Plant closed, nothing to bargain about. 103, 199, 220 (this number is circled), 1449, 2503, 2573. (The following four lines are crossed out.) About 35 members of Assn. called on Puckett-105, 146 (this number is circled), 599, 604, 627, 632. Meetings at RR tracks, threats of violence-946, 951, 966. Conferences with Mayor Millhouse-wanted Union to drop charges. 108, 146, 174 (146 and 174 are both circled). Had no authorization from Co.-146. Union had not contacted Benedict, or made any demands, up to May 7-133, 158, 167, 238. (The last three numbers are circled.) Benedict never knew how many joined Union-136. Benedict did not know of Puckett's activities-2543, 2555. B did not know about labor orgs. at other plants-2527, 2562. Depts. quit at different hours-82, 94, 134 (This number is circled), (193), Notice posted at night-82, 306, 364, 407, 517, 2041. Few called in from time to time to work with foremen on assembly ("on (Shop) Orders on hand-85, 89, 192, 264 (circled), 300, 348, 365, 369, 406, 491, Plenty of work on hand-197, 293, 299, 301, 348, 361, 518, 697, 831, 851. 1204, Warehouse about 1/3 full-93, 142 (circled), 198, 489, 982, 2307, (X) Emptier than it had been in years-98, 143 (circled), 198, 216 (circled), 490, Repairing-Putting new floors in warehouse-97, 502 (circled), 2246, 2252, First time in years-98, 502 (circled), 2500 (X). Not much shipped out since May 7th-2308. Pipes left on floor-363. No idea as to other warehouses-143. Usual amount of "hot pipes" made-455. Core makers worked Core is first step-292. as long as longer Usually baked immediately-295. than usual-292, 345, 549, 2041, 2221. Enough cores for 2 or 3 days-299, 431, 441, 519, 553. Spoiled cores small loss-347, 2210. June Picnic scheduled by Co. for about May 20-307, 404, 522, 945, 2460. Co. had nothing to do with picnic-1821, 2460. Foreman sold season tickets for softball games-308, 521, 2458 (circled). Large supply of coal and other materials on hand and still coming in. 536, More scrap iron on hand in the history of the place-1515, 2473 (circled). *Work done in preparation for Monday. Cupola lined that night for next Monday-487, 549, 805. *Pipe left in moulds-488. Working conditions generally terrible-166 (crossed out), 328, 343 (circled), Started organizing about Jan. 2, 1937. Respondent knew of Jan. 2 meeting. Had about 100 slips on May 1, went to see Union organizers, encouraged to do Organization meeting May 6-68, 239, 288. About 210 present, inc. policeman and ex-manager of Co.-70, 344. |