for a definite date, when you did not expect to hold the hearing on that date? This seems to us an inadvisable procedure to follow. National Labor Relations Board, Indianapolis, Indiana. DEAR SIR: Enclosed is another letter from Ellis Fowler. The "Yellow Dog" referred to is Orville Sargent who just before the strike worked for Max in getting employees to sign a contract specifying wages and conditions of employment. Bob Smith and Vic referred to are members of Local 26. Yours truly, RUSSELL VON CANNON, Secretary L. U. 26, Box 632. KOKOMO, IND., Feb. 21, 1936. RUSSELL: I was over to the plant today and talked to Welch he said Max was gone and would not be back for about two weeks. Said he would check over my recommendations and would let me know when I would go to work. Looks like a game of waiting. I was talking to some guy that works over there and he said that the casters was having some trouble. I saw Yellow Dogs check for ten dollars and he said they shorted him fine. It don't look as that they are making as much. They say by the first of March they will be placing eight kilns a week. I saw Bob Smith the other evening and he would not speak. I was talking to Vick but he asked no questions. Will let you know if anything happens. ELLIS. [Western Union] Official Business Gov't Rate, Charge U. S. of Amer. Gov't, National Labor Relations Board, Eleventh Region. To: Kokomo Sanitary Pottery Corp., Kokomo, Ind.; and Russell Von Cannon, 2007 N. Waugh St., Kokomo, Ind.; and F. A. Welsh Company, Kokomo, Ind. Please be notified that the hearing in the matter of Kokomo Sanitary Pottery Corporation and F. A. Welsh Company and National Brotherhood of Operative Potters scheduled for March fifth has been postponed until further notice. ROBERT H. COWDRILL, National Labor Relations Board. MARCH 9, 1936. Mr. RUSSELL VON CANNON, Secretary, National Brotherhood of Operative Potters, Local No. 26, Box 632, Kokomo, Indiana. DEAR MR. VON CANNON: Your letters of March 6th and 7th have been received and the contents noted. These will be filed for future information and we will be pleased to have any further data that you may obtain. In response to your request for information as to why the hearing date of March 5th was postponed, please be advised that neither the Corporation nor the Welsh Company made answer to the Board's complaint and at the present time the office is intending to set a new hearing date, at which time the Board will proceed in the customary manner. I will advise you regarding a definite date of hearing as soon as it is established. Sincerely yours, RHC mc ROBERT H. COWDRILL, Regional Director. LOCAL UNION No. 26, NATIONAL BROTHERHOOD OF OPERATIVE POTTERS ROBERT H. COWDRILL, Director, Eleventh District, National Labor Relations Board, MARCH 7, 1936. Indianapolis, Ind. DEAR SIR: Enclosed is the latest report from Ellis Fowler. The Duncan referred to in this letter used to be the President of the company but now just works as bookkeeper. Evidently Ellis Fowler is not going to be of much use to us because they are stalling him and won't give him a job. I don't believe that the firm is wise to this proceedure because there are only three men in this local that knows what Ellis is trying to do. Will keep you informed. Thanking you, 1 am. Yours very truly, RUSSELL VON CANNON, Secretary L. U. 26. KOKOMO, IND., March → 36. RUSSELL: I want over to the plant to talk to Max but he had gone. I talked to Duncan and he said that Max would see me when he came back. Machin asked me if I knew anything about that hearing at Indianapolis. He said he seen it in the paper last night and said it didn't concern them for they knew nothing about it. Welch is still in town. I saw him as I went over. We ran into Paul Randal last night. ELLIS. LOCAL UNION No. 26, NATIONAL BROTHERHOOD OF OPERATIVE POTTERS ROBERT H. COWDRILL, KOKOMO, INDIANA MARCH 6, 1936. Director, Eleventh District, National Labor Relations Board, Indianapolis, Indiana. DEAR SIR: Your letter received relative to getting addresses of the various officials of the Kokomo Sanitary Pottery Corp. This will be done as soon as possible, some of which will be quite a job. I have written to the Chicago Federation of Labor for their aid in securing home addresses of Gerber and Welsh. In the scrap book which is in your office there is a clipping about Max Gerber buying a home. Will try to verify this address. The business address of Max Gerber is 2287-93 Milwaukee Ave, Chicago, Ill. When in Kokomo Welsh and Gerber stay at the Courtland Hotel. The Secretary-Treasurer, George Machin lives with his mother at 1818 North Kennedy Street, Kokomo. Will give you more information soon. I was talking to Ellis Fowler last night and he reports that he has been unsuccessful in getting back on the job. He saw Welsh some time ago and was told that he would have to wait until Max got back from Hot Springs. He will see Max Gerber this morning and I will get a report from him tonight and will send to you. He was talking to a man named Yost who works for the Kokomo Tribune and is a friend of Max, Welsh and Carl Broo their attorney. He made the statement that the plant of the Kokomo Sanitary Pottery is run on a 50-50 basis by Max and Welsh. This information was verified by George Ellis a foreman at the plant. While I understood that the hearing date of March 5th might be postponed I am interested in knowing what Max Gerber's and Welsh's answer to your board was and the causes of postponement. Thanking you for past favors, I am Very truly yours, RUSSELL VON CANNON, Secretary L. U. 26, National Brotherhood of Operative Potters. MARCH 23, 1936. Mr. RUSSELL VON CANNON, Local Union No. 26, National Brotherhood of Operative Potters, Kokomo, Indiana. DEAR MR. VON CANNON: Acknowledging receipt of your letters of March 20th and March 21st, it is my intention to send our Field Examiner, Mr. Watson, to Kokomo very soon to check up on interstate shipments to and from the Kokomo Sanitary Pottery Corp. A definite date for a hearing will be established as soon as possible and you will be notified beforehand of the date decided upon. Very truly yours, ROBERT H. COWDRILL, RHC me LOCAL UNION No. 26, NATIONAL BROTHERHOOD OF OPERATIVE POTTERS KOKOMO, INDIANA KOKOMO TRIBUNE, March 20, 1936. Coal Concern Files $2,500 Damage Suit Damages of $2,250 are asked in a suit filed in circuit court Friday by the Harvey Coal Corporation of Harveytown, Ky., against the Kokomo Sanitary Pottery company. The plaintiff says that on Feb. 6, 1934 the pottery concern agreed to buy from 3.000 to 4,000 tons of coal from it between the dates of July 1, 1934, and June 30, 1935. It is alleged by the plaintiff that the defendant company failed to pay for part of the fuel so ordered, and that it has been damaged as a result. McClure and Shenk are attorneys for the plaintiff. LOCAL UNION No. 26, NATIONAL BROTHERHOOD OF OPERATIVE POTTERS ROBERT H. COWDRILL, KOKOMO, INDIANA MARCH 20, 1936. Director, Eleventh District, National Labor Relations Board, Indianapolis, Indiana. DEAR SIR: I would like to inquire as to developments in our case. Also, will a trial date be set soon? I saw Ellis Fowler last night, but he didn't have much to report. He has been unable to get a job but will see Max again this week. He said that Leo Williams is the new manager. He says that Williams told him that he would hire him but he would have to secure Max's OK first. While I am disappointed because of Fowler's inability to get on at the shop, there has been one item of importance, and that is that Max is still the boss, which Fowler will be able to prove. Inasmuch as I must leave today for Cincinnati and thence to Huntington, should like to comment about the three matters turned over to me. 1. Indiana Brass: We have, of course, gone into this rather fully. I have just read your letter to Mr. Wolf and find it a fair statement except the first sentence in paragraph three, in which you say, "the company has continneasy refused, since July 5th, to hire the striking employees because of their union affiliation." That, of course, is the question in the case and, if true, would be a violation of 8 (3). However, I still see nothing showing a refusal to reinstate based on union activity after July 5th. The entire reason for the refusal, ap parently, is the activity before July 5th and I still think, therefore, that there should be something showing that it makes a difference to the employer DOW whether or not the men are affiliated with the union, as I suggested before. Inasmuch as there is a no particular hurry in this case, it might be advisable to send this entire file to Washington for their study and recommendation. 2. Kokomo Sanitary Pottery Corp.: I find that this case is far from ready for a hearing. There is, of course, the very serious problem that you are cognizant of, namely, the relationship between Kokomo Pottery and Welsh. There is your letter to Kokomo dated March 23rd, requesting the name of their attorney, and their answer of March 26th stating that the person to handle this will re turn April 10th. You are, therefore, perhaps in the midst of discovering the factual situation in that respect. In addition to that, the charge alleges violation of 8 (1) and 8 (5) due to the failure to bargain collectively October 3rd and October 16th, and a complaint likewise is based on the failure to bargain October 3rd and October 16th. There is nothing whatever to show that the union repre sented a majority at that time and as a matter of fact, inasmuch as the union barely represented a majority before July 5th, it seems that they very likely have never represented a majority at any time since July 5th. Furthermore, there is apparently no refusal to reinstate. Wilson and Fowler were told to file application and they would be considered. There is, therefore, as yet no violation of 8 (3). There are, however, violations of 8 (1) in the making. Inasmuch the the company is apparently asking for letters of recommendation from business men, etc. Where men have worked for an employer for some time and he is well acquainted with their ability, to require them to get certain types of recommendation may show objections to union affiliations and may be a violation of 8 (1). This would have to be a little further developed in the case and would require a new charge and a new complaint. Thus far I see nothing to sustain the charge and complaint as it reads now. Would suggest 3. Claussner Hosiery Company. This case apparently is ready for a hearing, the failure to recognize the union being quite clear. All that is necessary is further development of the facts regarding interstate commerce. that you continue investigating this phase while I am gone. Sincerely, HARRY L. LODISH. SEPTEMBER 15 1936. To: Benedict Wolf From: Robert H. Cowdrill Subject: Kokomo Sanitary Pottery Corp. I am pleased to report that this case has been finally adjusted and will be removed from our docket this week. As mentioned in our report of last week, a proposal was submitted to Max Gerber and the Union Committee, in which it was suggested that the men on strike be placed upon a preferenital list for jobs as soon as available. A conference was arranged for September 14th and Mr. Phillips and I went to Kokomo to meet for the first time the infamous Max Gerber. He was found to be a very slippery article, and after much heated argument he finally agreed to comply with our wishes as to the preferential list, but would not make any statement in reference to compliance with the Act. The previous conferences between the Union Committee and the management, supervised by Mr. Watson, prepared the way for settlement of the case, and the submitted proposal took into consideration the arguments that were promul gated by the two parties in prior meetings. Whether Mr. Gerber can be depended upon to abide in good faith with the agreement over his signature is a question, but a breath of this agreement will be the foundation for a bora fide case of charges of discrimination against the company. As you know this is one of our most ancient cases, but during the series of investigations that this office has made, we could not obtain sufficient definite evidence to prove that the corporation was guilty of interference, by discriminating against members of the Potters' Union. Up until recently the Union had demanded of the company that the membership be reinstated in a body, which was impossible to have the company agree to: then Union submitted a proposal requesting the corporation to rehire their members mall groups, which the company also refused to consider, hence, my proposal ave the men placed upon a preferential list, which was agreed to by the Union amittee prior to submission to Max Gerber, and which finally was accepted by Max Gerber, and F. A. Welsh. n regard to Welsh, the meeting of yesterday proved to Mr. Phillips' and my isfaction that F. A. Welsh and his manufacturing company is nothing more na stooge for Max Gerber, and that Max is the sole owner of the plant, and other company officials are subordinate to his authority. herefore, we bid sad adieu to the Kokomo Sanitary Pottery case, and with the cere hope that it will not darken our doors again. Cam enclosing for your files a copy of the agreement, signed by F. A. Welsh and 1x Gerber, and a withdrawal of charges filed, providing the corporation abides th the terms of settlement. Mr. SAMUEL RISSMAN, MARCH 4, 1936. Garment Corporation of America, Chicago, Illinois. DEAR SIR: You are no doubt aware of the fact that I have organized your employees into the Amalgamated Association of Factory Workers. Out of two hundred eighty employees that were on your pay roll two weeks ago, we had approximately two hundred fifty members. I have done everything in my power to force the National Labor Relations Board to conduct a hearing for the purpose of determining who represents the majority of your employees. You should realize that unless you bargain collectively with our association that you are sure to have further trouble with the forces that have been opposing you. I have just received word today that the hearing has been postponed indefinitely and I have arrived at the conclusion that the reason that the National Labor Relations Board has postponed this hearing is due to the fact that both the Board and the Garment Workers Union is afraid to hold the hearing for the reason that they know they will be defeated in their efforts. In order to bring the Mt. Vernon strike situation to a close I am calling your attention to Section 7 and 8, page 4 of the National Labor Relations Act which grants to your employees the right to representation through representatives of their own choosing and likewise their right of collective bargaining. Therefore, I am requesting an answer to this communication by March 11th definitely advising me when and where you desire to meet our committee, at which time we will submit an agreement to you, which of course will be subject to discussion. I am quite sure that our association cannot only increase the efficiency of your plant operation but also your production, with of course the cooperation of your supervision. Sincerely trusting that in the interest of harmony you will comply with my request and in so doing you will prevent me from filing a complaint against you for violation of Section 7 and 8, page 4 of the National Labor Relations Act, I am Very truly yours, FRED S. GALLOWAY, President of Amalgamated Association of Factory Workers, |