are many documents that I would like to introduce. If Mr. Murdock is agreeable, I will excuse the witness and introduce the documents on Monday, or if he wants the witness here, I will have him stay and introduce the documents. I am through with him except for one question. Mr. MURDOCK. I am just wondering, Mr. Toland. It occurs to me. that after we get through with Mr. Miller in this case, in order to get the complete facts of the investigation and so on, it might be convenient to call somebody from down on the Board. Mr. TOLAND. I have their report, which I propose to put in in connection right now with his testimony, on Monday morning, which will complete and give their picture. I have witnesses from out of town that I am going to proceed to call on Monday, and as we are concluding Tuesday, I would like to go ahead and complete a presentation of the matters I have in those 2 days. Mr. MURDOCK. The only objection I could have to that is that the better system, I think, would be to complete one story at a time, and it's rather difficult, after we pass this matter up—— Mr. HEALEY (interposing). Mr. Chairman- The CHAIRMAN. That is a subject that we discussed and I thought disposed of once before, but I will be glad to have an executive session of the committee. Mr. TOLAND. May I ask one question of the witness before I excuse him? Mr. Miller, did you ever participate directly or indirectly in a boycott while you were director of the National Labor Relations Board? Mr. HEALEY. Mr. Chairman, I object. The CHAIRMAN. I sustain the objection. The CHAIRMAN. We will adjourn until 10 o'clock Monday morning. (Whereupon, at 4:45 p. m., the hearing was adjourned until Monday, December 18, 1939, at 10 a. m.) APPENDIX EXHIBIT No. 104 OCTOBER 5, 1936. SAMUEL G. ZACK, Attorney, NATHAN WITT, Assistant General Counsel, Berkshire Knitting Mills: I notice in the informal report of the Regional Director for the week ending October 3rd, 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. Sincerely, NW:db NATIONAL LABOR RELATIONS BOARD FOURTH REGION Week ending October 3, 1936 INFORMAL REPORT, BERKSHIRE KNITTING MILLS, WYOMISSING, ON THE OUTSKIRTS OF READING, PA. 9-28: American Federation of Hosiery Workers declared a strike, effective October 1, in the Berkshire Knitting Mills, the world's largest full-fashioned hosiery manufacturing plant, charging that the company had violated the manufacturers' voluntary N. R. A. code and that the employees were compelled to work excessive hours for wages below the scale. 9-29: Manufacturers denied the charge. 9-30: Union representatives stated that a mass picket would be thrown around the Berkshire plant the next morning, and that other union plants in the Reading area would be closed so that their workers might participate in the picket line. 10-1: Disorder at the Berkshire plant near Reading, over 4,000 pickets having gathered outside the plant. The local police force called upon the sheriff, who, with his deputies, was unable to keep order and the state police were brought in. Forty persons were hurt, none seriously, in the rioting. 10-2: 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. 10-3: 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. EDWIN S. SMITH, EXHIBIT NO. 113 EXECUTIVE OFFICES WM. FILENE'S SONS COMPANY BOSTON, November ninth, 1936. National Labor Relations Board, Washington, D. C. DEAR MR. SMITH: I have a follow up on the letter which Mr. Kirstein wrote you under date of October twenty-eighth referring to your letter of October twentysixth concerning the strike at the Berkshire Knitting Mills. To date no reply has been received from you and I am wondering if the letter came to your attention. Sincerely yours, E. R. BEVERLEY, Secretary to Louis E. Kirstein. EXHIBIT No. 114 NOVEMBER 11, 1936. Miss E. R. BEVERLEY, Secretary to Louis E. Kerstein, Wm. Filene's Sons Company, Boston, Massachusetts. DEAR MISS BEVERLEY: This will acknowledge your letter of November 9. As you will see by the enclosed copy of a letter which I wrote to Mr. Edelman on October 30, I took prompt action on the receipt of Mr. Kirstein's letter, as I appreciated his own promptness and interest in this matter. As I have not heard from Mr. Edelman, I called him this morning. It seems that he has been unusually busy because of the illness of the leader of the strike and the necessity for Mr. Edelman taking over some of his duties. He has promised me that he will supply the information asked for by Mr. Kirstein in two or three days. As soon as he does so, I shall forward it. I hope everything is going well with you. ess/v1 Enc. 1 EDWIN S. SMITH. EXHIBIT No. 115 AMERICAN FEDERATION OF HOSIERY WORKERS Affiliated with A. F. of L. thru the United Textile Workers of America Mr. EDWIN S. SMITH, PENNA. DISTRICT OFFCE 935 OLEY STREET, READING, PA., November 12, 1936. National Labor Relations Board, Washington, D. C. DEAR MR. SMITH: I deeply regret the delay that has occurred in compiling material for Mr. Louis E. Kirstein. We deeply appreciate his interest in this matter and hope to be able to verify all statements we have made regarding the strike at the Berkshire Knitting Mills. I am mailing herewith enclosed considerable material on the strike situationsome of which is supporting evidence for statements we have made and some of which is more detailed presentation of our case. The brief presented to Governor Earle, of Pennsylvania, was drawn up in the very early days of the strike. Since the walk-out occurred additional evidence has come to light showing that the Berkshire Knitting Mills depreciated working conditions and wage rates to a greater extent than was stated in our earliest presentation. The Executives of the Berkshire Knitting Mills were called to Harrisburg by Governor George Earle on Sunday, October 11th. The Governor discussed the entire strike situation with the company heads. The upshot of the interview was substantially as follows: (a) The Berkshire admitted having an advantage in labor costs over its competitors. (b) The firm positively refused to meet with representatives of the employees to discuss a settlement of the strike. A report of the interview in the Governor's office was made by the Governor's stenographers. No doubt the Governor's secretary, Mr. Robert Myers, would be pleased to make available to the National Labor Relations Board or Mr. Kirstein a copy of those minutes. Governor Earle told the Union representatives that he was satisfied that the Union had proven its case as a result of the admissions of the management. Present at this interview were Mr. M. F. Williams, representative of the Textile Labor Relations Board of the United States Department of Labor, and Clarence Moser, Director of the Bureau of Industrial Relations of the State Labor Department. Both of these officials would no doubt testify as to the statements made; moreover both Mr. Williams and Mr. Moser have considerable data on this case which they would, no doubt, be willing to let you have. As to the contribution made by the Berkshire Knitting Mills executives to the Liberty League and the Republican campaign committee. We will let you have supplementary data on this point. I have not been able to check the records very recently, but one contribution of $500 was recorded by H. Janssen, Vice President of the Berkshire Knitting Mills, to the Liberty League in recent weeks. On October 22nd a Washington dispatch stated that Mr. Ferdinand Thun, President and Mr. H. Janssen, Vice President of the Berkshire, each gave $2,500 to the Republican Campaign fund through the Pennsylvania Republican committee. The story of the Oberlaender or Carl Schurtz Foundation is a long one. Mr. Kirstein could obtain better information on that matter than I can. I am told that James Warburg and Lessig Rosenwald resigned from the Foundation advisory board after Hitler came to power in Germany on the grounds that the Hitler government was using the Foundation as a propaganda agency for the Nazi party. I shall forward to you some further data bearing on this phase of the Berkshire controversy. Can we prove our charges as to wage rates and violations of code regulations? All that we say, of course, is this: Give us an opportunity to bring our evidence before an expert, impartial tribunal. We have repeatedly asked that our allegations be scrutinized by a competent and neutral agency. Trusting that this material, with other data that is to follow immediately, will be what Mr. Kirstein wants, I remain, National Labor Relations Board, Washington, D. C. MY DEAR SMITH: An answer to your letter of November third has been delayed because I have been away. I was very much interested in reading the material which you sent me and while I still think it requires more definite confirmation than is contained therein, I will not ask you to do anything further about it. In my opinion forward looking retailers will take into consideration the attitude of manufacturers of this type whose policies are not entirely unknown to them. With kind regards, I am Sincerely yours, LOUIS E. KIRSTEIN. P. S.-I am returning the Edelman correspondence herewith. |