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Mr. ROBB. That is right.

Mr. TOLAND. I direct your attention to the second day of October, and ask you if the following appears in a memorandum or communication :

The plant was virtually out of operation today, due to the strike. Governor Earle of Pennsylvania intervened and arranged to have the pickets withdrawn until Monday, October 5, pending efforts to adjust.

Mr. ROBB. That is right.

Mr. TOLAND. I direct your attention to the third day of October, and ask you if the following appears in a memorandum or a communication :

Plant closed, negotiations under way. It is reported that if the negotiations are unsuccessful, there will be a new and more vigorous picket line on Monday, and serious disorder is anticipated if the company attempts to operate.

Mr. Robb. That is right. That entire page, Mr. Toland, was headed "National Labor Relations Board, Fourth Region; week ending October 3, 1936; informal report."

The CHAIRMAN. Mr. Toland, we agreed to adjourn at 4:30. It is now about that time.

Mr. TOLAND. May I just have time for one more, and then I will finish.

Directing your attention to the 5th day of October, I ask you if the following appears:

October 5, 1936: Samuel G. Zack, attorney; Nathan Witt, Assistant Attorney General.

Mr. ROBB. “Assistant General Counsel,” Mr. Toland.
Mr. TOLAND (continuing):

Assistant General Counsel. I notice in the informal report of the Regional Director for the week ending October 3, regarding the above case, that other employers in the Reading area have closed their plants in order to permit their employees to picket with employees of the Berkshire Knitting Mills. There is thus present in the situation the combined action of many parties to restrain the interstate commerce of the Berkshire Knitting Mills. Such a situation would seem to involve the sort of "conspiracy” to restrain interstate commerce that the Supreme Court has permitted in past cases to provide the basis for Federal jurisdiction.

I gather that as yet no charge has been filed in this case. However, if there is any likelihood that charges may be filed with the Board, it would seem desirable that you acquaint yourself with the above aspect of the case so that the jurisdictional possibilities may be explored fully.

Signed, “Sincerely," initialed “NW: dbh”.
Mr. ROBB. That is right—"db."

Mr. TOLAND. “db.” I ask you if there is an informal report, dated October 10, 1936, from the regional director at Philadelphia, as follows:

The strike in this plant has continued unabated during the past week, but the picket lines have not been successful in closing the plant and sufficient workers have reported each day to continue operations.

In the meantime, the State Mediation Service has its director and Mr. Charles Kutz, of the Philadelphia area, as well as the local mediator on the ground in an effort to secure some adjustment.

Conference, director with Emil Rieve, President, American Federation of Hosiery Workers, who stated at this time the union did not have sufficient representation among the employees of the plant to justify them in demanding collective bargaining with their organization.

The union contemplates filing a charge in the event that later circumstances warrant it.

218031-40-Vol. 2

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Mr. Robb. That is right. The last two paragraphs, Mr. Toland, are under date of “10–5."

Mr. TOLAND. Now, is there a communication under date of the 12th of October, from the regional director to Edwin S. Smith ?

Mr. Robb. That is right.

Mr. TOLAND. I am not going to read that. I will offer that in evidence tomorrow.

The CHAIRMAN. All right. We want to adjourn. Are you through?

Mr. TOLAND. If you want to stop at this point, I am.
The CHAIRMAN. There is just one question I wanted to ask:

This American Federation of Hosiery Workers, that you referred to, are they affiliated with any national organization?

Mr. Robb. Yes, sir; the C. I. O.
The CHAIRMAN. Is this a good place to stop?
Mr. Fany. Not at that time, Mr. Robb.

Mr. Robb. Mr. Fahy, I noticed on the stationery of this correspondence, it said, “A. F. of L." I noticed in the formal decision, however, it said they were affiliated with the C. I. O. I called the C. I. 0. offices, and asked them when these people joined them. They said in 1935. Now, if I am not correct about that, I am sorry, but that is the information that I have.

Mr. TOLAND. We made every effort to find out its affiliations.

Mr. HALLECK. Mr. Chairman, do I understand that these various documents from the files, that have been referred to, will be put into evidence ?

Mr. TOLAND. They will be offered. I do not want to offer them tonight, because I would have to offer some before there is testimony concerning the documents by this witness. Tomorrow morning I shall offer them and ask that they be made a part of the record.

Mr. FAHY. Mr. Chairman
The CHAIRMAN. Mr. Fahy.

Mr. Fahy. Mr. Robb, may I ask a question? I think you will find that, although the Committee or Congress of Industrial Organization had been formed, the union was still a member of the American Federation of Labor.

Mr. Robb. I am sorry, I cannot hear you, Mr. Fahy.

Mr. Fahy. I think you will find the union was still a member of the American Federation of Labor at the time of this occurrence, although there was a Committee of Industrial Organization at that time, but the union had not been separated from the A. F. of L.

Mr. Robs. I am frank to say I could not understand the apparent conflict between the stationery and the Board's statement that they were in the C. I. ()., but I assumed they were probably using up some old stationery, I did not know.

The CHAIRMAN. We will adjourn until 10 o'clock tomorrow morning.

(Whereupon, at 4:45 p. m., the committee adjourned until Friday, December 15, 1939, at 10 a. m.)

APPENDIX

EXHIBIT 66

(Copy)

EXHIBIT K-11 NOTICES HAVE BEEN SERVED UPON THE SUPERINTENDENTS OF THE FOLLOWING NAMED

COAL COMPANIES AND MINES THEY REPRESENT IN DISTRICT No. 4

S. I. C. 0. A. INTERSTATE AGREEMENT FOR SHAFT MINES The majority of mine workers have been signed to membership in the International Union Progressive Mine Workers of America at each of these shaft mines. Francis Keegan, Gen'l Superintendent. Western Coal Mining Company

Mine No. 22, near Arma, Kansas. Franklin, Kansas..

Mine No. 24, near Pittsburg, Kans. Herman Kruger, Superintendent.. Kruger Coal Company

Mine near Cherokee, Kans. Cherokee, Kansas.

EXHIBIT K-11

[Copy] Mr. L. J. CARDER,

DECEMBER 19, 1938. General Superintendent, Alston Coal Company,

207 National Bank Building, Pittsburg, Kansas. DEAR MR. CARDER : Please be advised as follows:

(1) The undersigned, International Union, Progressive Mine Workers of America, represents a majority of the employes at your Kelly-Carder Mine, Carland, Kansas.

(2) We are informed that your employes are now operating under a contract dated August 9, 1937, expiring by its terms March 31, 1939, with the International Union and District 14 of the United Mine Workers of America, which contract provides in Article 3 of Section XXI that the next joint wage conference shall meet not later than March 1, 1939.

(3) The undersigned requests that you execute no new contract covering wages, hours, or other terms and conditions of employment at said mine, covering any period subsequent to March 31, 1939, with any one other than the undersigned as exclusive bargaining agent for the employes of said mine as provided for by the laws of the United States, including the National Labor Relations Act and the rules and regulations pursuant thereto. Yours very truly,

INTERNATIONAL UNION PROGRESSIVE MINE WORKERS OF AMERICA, By

President.

EXHIBIT No. 67

[Western Union Special]

[Copy)

EXHIBIT K-12

CHICAGO, ILLINOIS, April 4, 1939. L. J. CARDER, Gen'l Supt., Alston Coal Companii, Alston Jline,

207 National Bank Bldg., Pittsburg, Kansas: As the representative of majority of your employees we demand you begin negotiations with us at a mutually satisfactory time and place not later than

April fifteenth for a contract covering hours, wages, and other conditions of employment at your mine. Advise us immediately Monadnocko Block, Chicago, or we will proceed to enforce our legal rights. C'pon demand we will furnish proof that we represent majority.

PROGRESSIVE MINE WORKERS OF AMERICA,

By JOE OZANIC, President. Send sa me telegram to:

L. J. Carder, Gen. Superintendent, Alston Coal Company, Kelly-C'ar ler Mine, 207 National Bank Bldg., Pittsburg, Kansas.

George E. Nettles, Supt., Pittsburg and Midway Coal Mining Co., National Bank Bldg., Pittsburg, Kansas.

Harold Spencer, Supt., Pioneer Coal Company, National Bank Bldg., Pittsburg, Kansas.

L. E. ('ompton, Supt., Apex Coal Company, National Bank Bldg., Pittsburg, Kansas.

Peter Menghini, Supt., Menghini Coal Co., Frontenac, Kansas.
Herman Kruger, Supt., Kruger Coal Co., Cherokee, Kansas.
G. F. Elliott, Supt., ('lemmens Coal Co., Globe Bldg., Pittsburg, Kansas.
John Ira Clemmens, Supt., Commercial Fuel Co., Globe Bldg.
W. G. Parrott, Supt., Eagle-Cherokee Coal ('o., R. F. D. 3, Pittsburg, Kansas.
J. J. Nesch, Supt., Lone Star Coal ('o., 510 West First St., Pittsburg, Kansas.
Adolph Kurents, Operator, Kurents Coal ('0., R. F. D. 2, Mulberry, Kansas.
Francis Keegan, Supt., Western ('oal Mining ('0., Franklin, Kansas.

Exhibit No. 68

[Western Union Special]

(Copy)

CHICAGO, ILLINOIS, April 4. 19.39. L. J. CARDER, Gen'l Superintendent, Alston Coal Company, Alston Mine,

207 National Bank Bldg., Pittsburg, Kans08: We represent majority your employees. Insist you negotiate with us immediately. Any purported contract made with anyone other than us invalid and will cause us to take immediate steps to enforce legal rights.

INTERNATIONAL UNION PROGRESSIVE MINE WORKERS OF AMERICA,

By Joe OZANIC, President. Send same telegram to:

George E. Nettles, Gen'l Supt., Pittsburg, and Midway Coal Mining Co., National Bank Bldg., Pittsburg, Kansas.

Harold Spencer, Gen'l Supt., Pioneer Coal ('ompany, National Bank Bldg., Pittsburg, Kansas.

L. E. Compton, Superintendent, Apex Coal Company, National Bank Bldg., Pittsburg, Kansas.

Peter Menghini, Gen'l Supt., Menghini Coal Co., Frontenac, Kansas.
G. F. Elliott, Supt., Clemens Coal Co., Globe Bldg., Pittsburg. Kansas.

John Ira ('lemmens, Supt., ('ommercial Fuel Co., Globe Bldg.. Pittsburg, Kausas.

W. G. Parrott, Superintendent, Eagle Cherokee Coal Co., R. F. D. No. 3, Pittsburg, Kansas.

J. J. Nesch, Supt., Lone Star (oal Company, 510 West First St., Pittsburg, Kansas.

Adolph Kurents, Operator, Kurents Coal ('o., R. F. D. No. 2. Mulberry, Kansas.

Francis Keegan, Gen'l Supt., Western Coal Mining Co., Franklin, Kansas.
Herman Kruger, Supt., Kruger ('oal Co., Cherokee, Kansas.

L. J. Carder, Gen'l Supt., Alston Coal Company, Kelly-('arder Mine, 207 National Bank Building, Pittsburg, Kansas,

Exubit No. 69

EXHIBIT K-1 TO THE ALSTON COAL COMPANY: We the imdersigned, employees of the Alston ('oal Company, do each individually her by notify the Alston Coal Company and Joseph F. Klaner as President thereof, that each of the undersigned has resigned from membership in the United Mine Workers of America and are no longer connected with it in any way, and we hereby each individually revoke any and all authorization for check-off from our pay of dues for the United Mine Workers of America.

The undersigned further give notice that they are now members of the Progressive Mine Workers of America and we individually authorize and request the Alston Coal Company to check-off from our pay proper dues and assessments as fixed by the Progressive Mine Workers of America, to be paid to Riley Barr, Treasurer of our Local No. 301, District 3, Progressive Mine Workers of America, and his successors in office, until you are notified in writing otherwise.

Signature and date of signing : Willard Enke, July 17, 1938; Riley

Barr, July 17, 1938; L. A. Sipes, July 17, 1938; John Westray,
July 17, 1938; Robert Westray, July 17, 1938; C. Evans, July 17,
1938 ; W. B. Armstrong, July 17, 1938; W. E. Wilson, July 17,
1938; J. W. Shephard, July 17, 1938; Jess Enke, July 17, 1938 ;
Joe Bresso, July 17, 1938; Harmon Davidson, July 17, 1938; Fay
Van Landringham, July 17, 1938; Luther L. Sipes, July 18, 1938 ;
Francis Vediz, July 18, 1938; Louie Bernot, July 18, 1938; Sam
Boloh, July 19, 1938; W. Lancaster, July 19, 1938; Billie McClure,
July 19, 1938; George Armstrong, July 19, 1938; Joe Mahorich,
July 19, 1938; Roscoe Harris, July 19, 1938; John Gintruc, Jr.,
July 19, 1938 ; Peter Gallagher, July 19, 1938; C. F. McCarns, July
19, 1938; S. Bresso, July 19, 1938; Robert Porter, July 19, 1938;
Willard Blaser, July 19, 1938; Art Lowe, July 19, 1938; Dave
Lawrence, July 19, 1938 ; Fred Junken, July 20, 1938; C. M. Denny,
July 20, 1938 ; J. E. Ward, July 20, 1938; C. Odorizzi, July 20,
1938 ; Harry Maggard, July 20, 1938 ; L. A. Ward, July 20, 1938 ;
Lester Ward, July 20, 1938; Charley Packer, July 20, 1938;
V. Schmidt, July 20, 1938; L. J. Podpechan, July 20, 1938 ; 0. Ellis,
July 20, 1938; Bob Loois, July 20, 1938 ; F. Bartelli, July 20, 1938;
Geo. W. Houghton, July 21, 1938; Melvin Lancaster, July 21, 1938 ;
George Richey, July 21, 1938; H. G. Mack, July 21, 1938; Jack

Hallam, July 21, 1938. (Original in possession N. L. R. B. Submitted as evidence in Alston Coal Co. Case. H. F. E.)

CERTIFICATE All the signatures on the within sheet except Nos. 1 and 2 were signed in our presence by persons personally known to us, who were fully informed of the contents of this notice by reading the same.

WILLARD ENKE. As to all except Nos. 1 and 2.

L. A. SIPES.

[blocks in formation]

UNITED STATES OF AMERICA, BEFORE THE NATIONAL LABOR RELA

TIONS BOARD, 17TH REGION

In the matter of Alston Coal Company and Progressive Mine Workers of America International Union, Affiliated with American Federation of Labor, Petitioner,

Case No. XVII R 84

Petition for investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act.

Name of employer, Alston Coal Company. Address, National Bank Building, Pittsburg, Kansas. General nature of business: Coal mining. Approximate number of employees, 68. Description of the bargaining unit which petitioner claims is appropriate, all production and maintenance employees of said company at its Pittsburg mine, exclusive of superintendents, foremen,

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