NATIONAL LABOR RELATIONS BOARD To: Mr. Robert J. Wiener. MAY 26, 1937. Your weekly report states that you wrote us on May 21 making inquiry regard ing the right of C. I. O. to petition for an election where the A. F. of L. has a signed contract and where the C. I. O. does not show that the A. F. of L. is not a proper bargaining union under Section 8 (2). As I wrote you recently about the Paper Calmenson case, such petition should be received since it is possible that the Board would permit change in representatives during the term of an existing contract. J. W. APRIL 9, 1938. To: Mrs. B. M. Stern. From: Robert J. Wiener, 18th Region. This is in answer to your telegram of April 9, regarding memorandum of March 11 on important cases in this area. The memorandum would have arrived during my absence. I am advised by everyone in the office that they know of no such memorandum. I'm not going to take the time before replying to check our file to see whether possibly the memorandum was mislaid. In any event, this is my first knowledge of a request for the information you are calling for. I can unhesitatingly state that the case in which we are most anxious to receive a decision is the Wilson & Company case at Albert Lea, XVIII-C-4. I would say that our two next most important cases are the Minneapolis-Moline represen tation case, XVIII-R-103, in which the union is, as you know, hollering for a decision; and the Republic Steel Company case, XVIII-C-100, which is of grea: importance to the organizing campaign of the S. W. O. C. on the Iron Range. Trusting this is the information you wished, Sincerely, RJW : lb Exhibit No. 1617 [Introduced into evidence in Volume 24, Part I, August 1, 1940.] Documents Relating to the Activities of the 9th Regional Office, N. L. R. B. (Cincinnati) REGIONAL PERSONNEL Leonard Brin: NATIONAL LABOR RELATIONS BOARD AUGUST 25, 1937. To: Phillips. From: Brin. Subject: Re Stern's memo Aug. 19, regarding Pete Campbell's cases. I am returning the memo referred to above. Woodward of the Ky. State Federation of Labor, tells me that he conferred with Francis Dillon regarding this matter and it has been considered advisable to request the withdrawal of all charges filed by Campbell while he was in charge of the State Federation. Woodward states that he has no complete record of such cases as were filed with the Board by Campbell, but that he has written you requesting that all such cases be withdrawn. In the absence of any records he asks that we go through our files and ascertain all cases filed by Campbell while he was with A. F. of L. (If this is done, whomever makes the search should be very careful not to list Campbell's cases while with C. I. O. He further requests that we prepare such a list of cases and send them to him. In this way he will be able to ascertain which cases he considers as good ones, so that he can re-file charges. Will you therefore please issue instructions that this be done, sending Woodward such a list, and it might be well to repeat your request at that time that Woodward send you a letter specifically requesting withdrawal of charges by company name. Thus we will have something definite in the files from Woodward. Incidentally, Woodward stated to me that he and Dillon went over all of the cases and decided that most of the ones Pete had filed were groundless. Such may be the case, but the main point is that how would Woodward know this in view of his statement in paragraph 2 above that he did not have a complete record of Pete's charges. BRIN. SEPTEMBER 27, 1939. To: Leonard Brin, Ft. Worth. Enclosed find letter addressed to you by T. C. Townsend under date of Sept. 26th. gf The letter: "MY DEAR LEONARD: I am in receipt of your letter of the 25th. "This is one letter I regretted to receive. I hate to lose you from this section of the country. It has always been a great pleasure to be with you and to avail myself of your versatility. "I do hope that you will not fail to keep in touch with me. You know I get around over the country a good deal, and it may be that sometime I will be close to you, where we can personally renew our friendship. "Sincerely yours, William Perricelli: To: Mr. Phillips. From: Mr. Perricelli. "T. C. TOWNSEND." JANUARY 17, 1938. PUERTO RICAN LABOR SITUATION Geographical Portrait of Puerto Rico. A geographical portrait of Puerto Rico shows a sub-tropical island, 1300 miles southeast of New York City, 40 x 100 miles square, with a topography consisting of mountainous interior and coastal lowlands. Puerto Rico's greatest resources are its climate and soil and the abundance of population-some two million souls. It is admirably suited to the production of sugar cane, the greatest wealth-return crop the island can produce. Principal Puerto Rican Industries-Wage Level and Number Employed. The sugar industry is the island's principal industry. It employs some 140,000 workers, of which some 10% are engaged in sugar processing or manufacturing. The thirty-seventh annual of the Government of Puerto Rico (1937) states that wages in this industry average approximately $1.00 a day. The tobacco industry employs approximately 15,000 at $4.00 weekly wage, the preponderance females. The needlework industry is the island's third largest with relation at least to the number of persons employed, employing approximately 13,000. Work is primarily for females and an insular law guarantees to them a minimum wage of $6.00 per week. The wharving industry employs some 12,000 workers (p. 45 Gov. Report) at a basic rate of 37¢ an hour. About 3,000 workers are employed in the coffee industry, as distinguished from coffee agricultural workers, in another of the island's principal industries. The rum industry, which has grown rapidly, headed by Bacardi and Don Q, has been said to rank next to sugar in importance at the present time, and must be employing in the vicinity of some 5,000 people. Exhibit 58 in the Government » thirty-seventh Annual Report, at pages 68 through 179 classifies some eighty two industries in Puerto Rico, representing some 1,500 establishments and which there are some 81,000 people employed, at an average actual wees" earning of $4.76.. More important of the remaining industries not mentiorA herein, but contained within Exhibit 58 referred to are those of fruit-cann.tg hat manufacture, and railroading. Labor Organizations. The American Federation of Labor had organized two principal unions 2 Puerto Rico prior to the Wagner Act, namely, the Longshoreman's Union as! the Sugar Workers Union, which included both field and mill workers Fr the Longshoreman's Union a basic rate of 37 an hour had been obtained For the Sugar Mill Workers a $6 00 week is considered good. Santiago Igiesins present Resident Commissioner from Puerto Rico, was responsible not ot for the formation of these unions, but also for the alliance of the Socialist Par of Puerto Rico, which is essentially comprised of the two unions, to 2 Republican, or Capitalist group. The Committee for Industrial Organization made its advent into Puerto R✨ • some three or four months ago and directed its first efforts to organization of the wharving industry, demanding for the workers a minimum of 50e an boat A strike had paralyzed shipping throughout the entire island for eight days when I left January 11, 1938. All the port workers were very much in sy pathy with the strike which had commenced at San Juan, the principal por and had extended to all other ports of the island. Martial Law was intima”) by the Acting Governor. During the strike, both A. F. of L. and C. I o wharvemen had joined forces to make demands for increased pay from what I could gather from the newspapers, and a movement of all wharvement C. I. O. organization was also indicated. Collective Bargaining. Eeach year the sugar mill and field workers bargain collectively with the Association of Sugar Producers with respect to wages. An insular law of 1936 provides for collective bargaining. Its exact extent is not available to me at the present time. The newspapers during my stay in Puerto Rico intimated a possible strike of sugar mill and field workers if the terms of the new agreement were not satisfactory. OPINION In my opinion Puerto Rico is open to organization in all its various industries and movement under the Wagner Act appears to be just commencing. In talking to Fred Small, of the C. I. O. Maritime Union, heading the shipping strike, I understood further C. I. O. expansion in all fields was intended. At that time, also, he informed me no charges had as yet been preferred with the Board, but he felt that trouble might commence later. Capital interests in Puerto Rico are very much concerned about preserving the lowest wage standards possible. It is their only forte against Cuba in connection with sugar production, Cuba having preferential quotas and no Wagner Law, and maintains competition with Puerto Rican sugar because of its (Cuba's) lower production costs. Increased costs of sugar production in all its phases would seriously affect Puerto Rico producers. On the other hand, labor organization should be a very effective means of raising a too low standard of living in Puerto Rico, and, I should say, the workers appear anxions to organize. I attended a pier workers' meeting at Ponce, Puerto Rico, which, to say the least, was enthusiastically received, and one C. I. O. organizer aloue seems to have done a good job amongst the 14,000 pier workers. Over abundance of population (unemployed) may swing the situation to the capital interests in the form of strike-breaking and independent union certifications. The island is hard to get around in; labor union income is poor; in the sugar industry some forty-two sugar mill areas are forty-two feudal colonies; effective labor organization may expect a vigorous battle, and I'm of the opinion that we can except quite a bit of business there during the next few months. W. J. PERRICELLI bw. H [Telegram] WASHINGTON, D. C., September 23, 1938. PHILIP G. PHILLIPS, (Personal Dely. only.) National Labor Relations Board Enquirer Bldg. Cinti. Not being certain Grossman available direct your attention to conflict of appraisals Perricellis work Grossman rating him as unsatisfactory Please have Grossman forward to me at once reasons for his opinion in this case. WATTS. SEPTEMBER 23, 1938. To: Mr. Oscar Grossman, General Delivery, Catlettsburg, Ky. I attach herewith copy of a telegram which I have received from Watts. I am rather worried about the matter. I hesitated quite a while before making my own appraisal "satisfactory". I wish you would call me at your earliest convenience about this, as the matter is serious enough to warrant some discussion. I hate to make a mistake in a matter of this kind which might have rather serious consequences. PGP-RSM To: Mr. Robert B. Watts. From: Philip G. Phillips, Region IX. SEPTEMBER 24, 1938. DEAB BOB: I sent your telegram down to Grossman at Catlettsburg with instructions, and you have doubtless received a reply ere this. He sent me a copy of his report to you when he wrote it. I did not think at that time there was any point in again expressing my views unless they were asked for. I think all ratings are bound to be comparative. I admit if I could have a legal staff of three fellows like Moscovitz, Van Arkle, and Shaw we could turn out twice as much work and do it ten times as well as we can with the staff I have. I don't think any of the boys should be rated on that kind of basis. I feel they should be rated as boys a couple of years out of law school at the salaries they are getting, and I did so accordingly. To expect more would be unfair; to expect less would be stupid. In the first place, you have to bear in mind that Perricelli was deeply disappointed when Grossman got his promotion, and as a result there has been sort of a bitter feeling between the two of them, which I don't think Grossman has helped at all and neither has Perricelli. I think Grossman stands head and shoulders over Perricelli in most respects, which doesn't help it out either. But the mere fact of a difference in personalities I don't think has hurt anything, and I have done my best to smooth it out, which I believe has more or less been done. Perricelli has not the interest in the Act that some of the boys in the office have. He is not a crusader type, neither does he work the hours that some of the other boys do. I guess I have been a pretty strong task master, with the result that the other boys outside of him work to the rather small hours of the night and come in at ungodly hours in the morning. He doesn't. I don't sup pose actually I have any right to expect it. On the other hand, at times when I have asked him to stay late or work on Sunday, he has done so, somewhat unwillingly perhaps, and may have made it up by coming in late the next day. As far as his trial work is concerned, he is thorough and conscientious and puts in a very excellent record. He does go into detail too much, who doesn't? But certainly no more so than the ordinary attorney. Look at his recent record in the Kentucky Utilities case, which he tried on the past Monday, and you will find a very excellent analysis of a very complicated factual set-up. His first couple of hearings I'll admit were a bit sloppy, but whose were not? I don't think he makes the same mistake twice. He is not too overly-endowed with intelligence, but plenty more so than others I know. The one asset he has that none of the other boys has is the ability to make an excellent impression on respondents and on attorneys. I have heard several comments from respondents' attorneys complimenting him on his manner. I think in a regional office that is pretty important. When I really need st attorney for a front to come with me in a conference, I would select him ove anybody. The other boys still sometimes go law-schoolish, get up on their hig horses, refuse reasonable requests by other attorneys, and don't have that professional eitquette or manner in which Perricelli excels. If he were the orig attorney in the office, other things might count much more, but with the other boys I feel that this particular trait because of the fight we are in should be worthwhile. I have had some run-ins with him. I don't like the way he has done every. thing, but the matters have been pretty much adjusted. I certainly would not say that he is unsatisfactory in any sense that would warrant either disciplinary action on the Board's part or a most drastic step, neither do I feel that be should be removed. The best proof of the pudding is in the eating. Since the first of May, Grossman and Green have been tied up with Armco to the exclusion of everything else; Green has had someone with him in the couple of cases that he has tried and has also been used in Armco; and you will see that since May 1st w have been running our entire legal matters with Mrs. Iliff and Perricelli, wit the exception of a couple of very urgent cases which I have tried myself. I don't feel that you will find that we fell down on a thing and our docket is in pretty good shape. I don't think if Perricelli were completely unsatisfactory that we would have been able to have done the job we did, because Mrs. Ilif. alone could not have done it all, nor did she do so. As a matter of fact, I think the entire situation will take care of itself We don't have the docket we did once and as soon as Armco is finished I think I will easily be able to let you take an attorney away because we won! need him. That would be a much more satisfactory solution possibly, instead of something more drastic, and incidentally, while Green has a much more coop erative and interested attitude than Perricelli, I think in gray matter Perrice has more on the ball. I deliberately did not discuss this with Grossman because I feel that it is much better to get an uncolored view than one we could possibly work out to gether. Grossman and I cooperate so well together that once we did get together and talk it over you would probably get nothing more than a single viewpoint. Cordially, PGP: RSM. Philip G. Phillips: NATIONAL LABOR RELATIONS BOARD AUGUST 19, 1937. (Written notation:) File. To: Philip G. Phillips. From: B. M. Stern. The Board has considered your letter of August 9th referring to charges filed with you by Mr. Campbell, of the Kentucky State Federation of Labor, and has decided that you had better permit the State Federation to withdraw the charges. Of course if any of these cases cover representation cases, the Board will have to permit withdrawal. Of course it is understood that the representative of the American Federation of Labor in Louisville will decide whether or not to re-file the charges, and it is presumed that you have told him what cases you consider good, Via Air Mail. Mr. BENEDICT WOLF, General Secretary, Region IX. B. M. S. MAY 25, 1937. DEAR DICK: I have not written to complain about the way things are going because I realize that my situation is no different than anyone else's and that you are perfectly aware of the pressure under which we are working. How ever, matters are piling up so fast that I think it is important to tell you that unless something is done I feel the situation will get out of hand. The wire that I sent Mrs. Stern about being able to handle half of the "ases is a bit misleading. I have been trying to devote attention to as many |