CASES Bethlehem Shipbuilding Corporation: Govt. rate night message. [Telegram] JAN. 3, 1936. To National Labor Relations Board Washington D C (Signed) NYLANDER, Los Angeles [Airmail] JANUARY 8, 1936. To: Mr. Robert B. Watts, Acting Associate General Counsel, National Labor 20th Region, San Francisco. From: L. S. Janofsky, Los Angeles. Subject: Bethlehem Shipbuilding Corp. Ltd., Case XXI-C-5. DEAR MR. EDISES: The Regional Director of the 21st Region, issued a complaint in the above entitled matter on December 30th, 1935, noticing the matter for hearing on January 9, 1936. Pursuant to instructions from Washington, an Order was entered by the Regional Director on January 7, 1936, extending the time to plead in said matter and resetting the case for hearing on January 20, 1936. It is our understanding that the Bethlehem Plant in San Francisco is now closed due to a strike. The officials of Local #9, Industrial Union of Marine & Shipbuilding Workers of America, inform us that all shipbuilding workers in Los Angeles Harbor will also strike within a few days. We should appreciate it very much if you would contact Mr. Harry Lundberg, President of the Maritime Federation of the Pacific with offices in the Marvin Building, San Francisco, and ascertain whether or not he would be willing to make the statement that in the event of a strike at the Bethlehem Plant, San Pedro, none of the members of the Maritime Federation of the Pacific (we understand that 35,000 men are members of this Federation) would man any ship going into a Bethlehem yard, either on the Pacific or Eastern coast (this would, of course, cover the sailors, etc.) or load or unload and ship entering a Bethlehem yard (this would cover Longshoremen, etc.). We should desire to have such testimony obtained by means of a deposition and not by mere affidavit. If you find that Mr. Lundberg will make such a statement as we have suggested, or an equivalent statement which would serve to show the effect of a local Bethlehem strike upon the Pacific coast shipping, please notify us and we shall ask the Trial Examiner, pursuant to Section 10 of National Labor Relations Board Rules and Regulations, Series No. 1, to allow us permission to have you take the deposition of Mr. Lundberg. Sincerely yours, LSJ: V. LEONARD S. JANOFSKY, Regional Attorney. JANUARY 9, 1936. To: Mr. Robert B. Watts, Acting Associate General Counsel, National Labor Relations Board. From: L. S. Janofsky. Subject: Bethlehem Shipbuilding, Case No. XX-C-5. We wish to call the Board's attention to the evidence introduced in the Vegetable Oil Products Case, No. XXI-C-21 in support of the findings of Congress expressed in Section 1 of the National Labor Relations Act. This evidence appears in the transcript of said case-page 1312, et sec., (transcript forwarded to the Board on January 9th by Regional Director). We were somewhat dubious at the time of introducing this evidence (especially that of Mr. Bruce, president of the local I. L. A.) for fear that it might expose some of the local unions to a proceeding under the Anti-Trust Acts. Mr. Edises, Regional Attorney in San Francisco, informs us that he has undercover information that such an action is contemplated against Pacific Coast Maritime Workers and Longshoremen. We are confronted with the same problem in the Bethlehem Case, No. XXI-C-5, and we should appreciate an opinion from you as to just how far we may safely proceed (for the union's protection), in introducing statements of union leaders that they will boycott ships entering the Bethlehem yards for repairs etc. Regional Attorney, National Labor Relations Board, 21st Region, DEAR MR. JANOFSKI: Mr. Harry Lundborg called at the office today in response to my request and I told him of your desire for a statement indicating the probability of sympathetic action on the part of the Maritime Federation of the Pacific in the event of a strike at the Bethlehem plant at San Pedro. He declined to make any such statement on the grounds, first, that the Maritime Federation is a rank and file controlled organization and that under its constitution and by-laws he lacks the authority to make any statement of policy or prospective action without the express prior authorization of the membership. Second, that such a statement would be playing directly into the hands of the Waterfront Employers who, he states, are at this time contemplating an action against the maritime unions on the ground of violation of the Anti-Trust laws. According to Lundborg, the Industrial Union is not affiliated with the Maritime Federation of the Pacific, except that there is some kind of local affiliation with the District Council of the Federation at San Pedro. Nevertheless, there is no question whatever of the sympathy of the Maritime Federation for the strike action of the Industrial Union. The chief reason for this is reciprocity for the cooperation rendered by the Industrial Union during the recent late lamented Tankers Strike. Chief Consul, Nat. Labor Relations Board, Federal Bldg., Los Angeles: Re your telegram inviting representatives of the IATSE to participate in a conference with representatives of the so called United Studio Technicians Guild & therein set up mechanics for conducting an election within the motion picture industry covering the classification and jurisdictions now under the control of the International Alliance please set me state that we most respectfully decline to participate in any such conference in company with the alleged representatives of the so called United Studio Technicians Guild. Recent disclosures have convinced us that those directing and misguiding the handful of studio workers enrolled in that pseudo organization are out & out Communists or are under communistic influence & do not consist of a bona fide labor organization with any legitimate collective bargaining status. We further have discovered that the funds used to operate the propaganda campaign of this racket along with consul & direction have been supplied by the notorious Harry Bridges and are being passed on to the active officers and leaders of the Studio Technicians Guild by Jeff Kibre proven agent and close associate of Bridges. However if in the wisdom of your Board it is found fitting & proper that an election be held within the motion picture industry then if such election is ordered by the Board let me assure you that we will cooperate to the fullest extent in setting up proper procedure that will permit us to convincingly demonstrate our overwhelming collective bargaining majority in the situations involved. Respectfully yours, JOHN F. GATLEE, International Representative, IATSE and MPMO of U. S. and Canada. NATHAN WITT, [Postal Telegraph] LOS ANGELES, CALIFORNIA, September 12, 1939. Secretary, National Labor Relations Board, Washington, D. C. Re Columbia Pictures, XXI-R-621, Re IATSE protests: (A) IATSE had planned on working observers in shifts and having the relieved observers carry information as to who had and who had not voted in the election. Owing to size of election, resulting confusion, the possibility of improper conduct on part of observers, we determined that such practice would interfere with the orderly holding of election and denied request. (B) Both unions requested the polis remain open eighteen hours. We have insufficient help to give relief to our workers and see no reason why IATSE observers should not keep the same hours as our people. U. S. T. G. does not object to the observers working eighteen hours. (C) Re Pomerance's alleged bias: For several weeks Gatelee. IATSE, has stated that he had evidence of improper conduct on the part of Pomerance and I specifically requested him on several occasions to furnish me any evidence to support such charge. Gatelee has refused. I have every confidence that Pomerance is trying to do and is doing a very fine impartial job and see no reason why he should be in any wise interfered with in the performance of duty on charges which Gatelee refuses to support. WILLIAM R. WALSH, Regional Attorney, National Labor Relations Board, 21st Region. Charge to: N. L. R. B., 808 U. S. Post Office & Court House, Los Angeles, California. [Postal Telegraph] WILLIAM R. WALSH, WASHINGTON, D. C., September 13, 1939. Attorney, N. L. R. B., 21st Region, 308 U. S. Post Office and Court House. Re Columbia Pictures XXI-R-621 Board is sustaining your rulings on IATSE protests re Pomerance and observers. Meanwhile the following wire received yesterday from USTG: "Discrimination against USTG members of studio rampant with discharges and intimidation by supervisors and employers. IATSE being given sole preference and employment through employers usage of IA hiring hall, while refusing to use ESTG hall IA officials are allowed access to studios for campaign purposes while USTG barred. All our attempts to have motion picture producers post notices guaranteeing full and complete freedom of selection bargaining agency unavailing in view of attitude of senior counsel Los Angeles Board. We are ready to carry through our part of stipulation provided immediate guarantee is given that all discrimination by producers will cease. And adequate remedy made for injuries suffered. We believe that producers would abide by informal request of Board calling for posting of notice by producers incorporating language of section seven and eight and or in the alternative the producers might if requested by the Board post a statement of their handsoff policy and strict neutrality and willingness to abide by the results of the election. Suggest you act immediately thus assuring eight thousand workers by the actual guarantees of the Wagner Act. Howard S. Robertson, acting chairman, United Studio Technicians Guild." Advise you to make every effort to secure posting of appropriate notices by companies doing this on behalf of Board and not in collaboration with USTG representative. Will you also wire your comments on the USTG allegations. NATHAN WITT, N. L. R. B. [Postal Telegraph] WALTER SPRECKELS, WASHINGTON, D. C., Sept. 16, 1939. Director, N. L. R. B., 21 Region, 808 U. S. Post Office and Court House: Retel September 16. Columbia Pictures XXI-R-621. Board agrees with Walsh that any public statement by Board against negotiations would be inadvisable in view of contract and stipulation. However, it would seem highly desirable that companies make a statement that negotiations have been called off until after the election. As you suggest, you should make informal efforts to induce such a statement by the companies, but prior instructions to Walsh to advise companies that present negotiations are improper are modified accordingly. William Randolph Hearst et al.: NATHAN WITT, Secty, N. L. R. B. [Postal Telegraph] T. J. NYLANDER, FORT MACARTHUR, CALIF., Aug. 14, 1936 Director, National Labor Relations Board, P. R. L. B.: Complaint issued and served last night in matter of William Randolph Hearst, Hearst Publications, Inc., Hearst Consolidated Publications, Inc., Hearst Corporation, American Newspapers, Inc., International News Photos, Inc., and American Newspaper Guild, Seattle Chapter Stop Complaint charges Hearst and his corporations discharged Frank M. Lynch, photographer, and Phillip Everhart Armstrong, dramatic editor, Seattle Post Intelligencer, because they joined and assisted a labor organization of their own choosing Stop Complaint further charges respondents interfered with, restrained, and coerced its employees by various other threats, promises, innuendoes, and acts of intimidation. Complaint alleges Hearst is owner, editor, and published of large number of newspapers and magazines. That he controls and dictates the policies of the publications and supervises and controls the employment of the editorial staff of such publications. Hearing date Seattle September eighth Stop Please contact Richfield reporter and see if he will include foregoing in his news flashes Stop Entire operation Post Intelligencer shut down by strike. Harold Hiatt convicted of manslaughter Marinoff strike now out on bail pending new trial employed as armed guard beaten by strike sympathizers and now in hospital. Stop Labor cooperating one hundred percent including Teamsters Maritime Federation, lumber and sawmill workers, newsboys union, boot and shoe workers, metal trades, teachers union, auto mechanics. Allied printing trades not permitted to go through picket line. No edition of Post Intelligencer published today due to strike. Stop Please secure all publicity you can on this matter. CHARLES W. HOPE, Seattle, Washn. Kay-Brunner Steel Company: Refer: XXI-C-102. KAY-BRUNNER STEEL COMPANY, 999 Meridian Avenue, Alhambra, California. Attention: Mr. Kay.' AUGUST 29, 1936. GENTLEMEN: I have delayed my report to Washington on this case hoping that you would come in for further conference on the matter. The allegations made in the charge which are apparently well supported by corroborating testimony are quite damaging and standing alone appear to make a strong case against you. I am particularly interested in tracing down allegations that the after working hour activities of your employees are being checked by company officials. You are no doubt aware that a special committee of Congress is now investigating this and similar unfair labor practices of employers. I want to assure you that I do not desire to jeopardize any present or contemplated dealings you might have with any agency of the Federal Government and am therefore delaying my report until Monday P. M. trusting that I may be privileged to discuss the situation with you. 218054-41-vol. 24, pt. 2—35 I should also like to discuss the nature and amount of products bought and scẻ in interstate commerce. This will assist us materially in determining our jurs diction. Please understand that all I want is an informal conference so as to get at the facts of this situation and if possible arrive at a settlement of the matter Very truly yours, E. S. NEAL, Acting Directur. ESN: V SEPTEMBER 11, 19 To: E. S. Neal. From: 21st Region, Los Angeles. Sheroni of the Moulders Union came in and ask us to take some action on the Kay-Brunner case. We attempted to contact Mr. Kay and was informed that the case had been put in the hands of our old friend J. Stewart Neary. Neary called me on the telephone this morning and first of all threatened to publicize your letter of August 29th, a copy of which is enclosed. He claims that the letter is evidence for an attempt to intimidate an employer into settling the matte! which is entirely out of our jurisdiction. I informed him to go ahead and publish the letter as we need some publicity of this sort as things had been quiet for the past few weeks. But personally and confidentially I think it will be very well for us to be extremely carfeul what we put into writing. The last sentence of your second paragraph and also your third paragraph does have a ring of coercion behind it. Of course if it came to an issue, I would be willing to go to the bat and point out definitely that there was no intimidation involved. But you and I know that you hope to accomplish certain things by the subject matter in the letter. There is nothing to worry about, however, as I am sure Neary is not going to take any action. I imagine you will be leaving for the coast on the 15th and will be in the offi the morning of the 17th. I am looking forward to seeing you, particularly in order to tell you how much I appreciate the splendid way you and the girls took care of affairs while I was away. TN: V XXI-C-102. To: National Labor Relations Board. Subject: Kay-Brunner Co. TOWNE NYLANDER, Director. SEPTEMBER 18, 1936. I have had two meetings with Neary, Attorney for company (and also Attorney for the Merchants and Manufacturers Association). Neary refuses to make any kind of settlement and will not meet with union. I discussed this with Sheroni (union organizer) and he recognizes that we can do nothing in this matter so at my suggestion, requested that charge be withdrawn. Case closed. Retel Loews, Inc., twenty one C-864. Board cannot advise whether or not you should call conference for tomorrow. Board wishes you to use own judgment. Board thinks that if you have conference or if you talk to producers otherwise, you might state that attempted enforcement of closed shop contract during pendency of representation cases seems to you to be discriminatory under the act. |