Page images
PDF
EPUB

N. L. R. B. EXHIBIT NO. 326-D
BOUCK, HILTON, KLUWIN & DEMPSEY

ATTORNEYS AT LAW

First National Bank Building

OSHKOSH, WISCONSIN, July 27, 1939.

In re: Appleton Coated Paper Co. Case No. XII-C-339.

EDW. J. BROPHY,

Field Examiner, National Labor Relations Board,

Twelfth Region, Milwaukee, Wisconsin.

DEAR SIR: You will find enclosed herewith copy of notice which was posted July 26th on the bulletin board of Appleton Coated Paper Company, which closes this case.

Thanking you for your cooperation, I am,
Respectfully,

EJD/rh enc

(Received July 28, 1939, 12th Region NLRB).

(s) EDWARD J. Dempsey.

N. L. R. B. EXHIBIT No. 326-E

8-31-39.

Re: Appleton Coated Paper Co. Case No. XII-C-339.

Mr. John G. Shott, Regional Director,

Twelfth Region, N. L. R. B.,

Milwaukee, Wisconsin.

Dear Sir: This is to request the withdrawal of the charge in the above matter, without prejudice.

[blocks in formation]

MR. HENRY MORGENTHAU,

AUGUST 23, 1939.

Secretary of the Treasury, Washington, D. C. Dear Sir: I am calling your attention to a matter on which we would like to have the utmost cooperation of your department and the various departments which have responsibility in the enforcement of the following:

Before I state the violations, I would like to give an explanation as to the nature of our request. This is in reference to the M. J. Bacco Construction Company whose mailing address is Commercial Bank Building, Iron Mountain, Michigan. This employer is a contractor in road construction and general contracting.

At the present time he has a contract for the re-location and construction of United States Highway, U. S. 2 in Gogebic County, Michigan. This contract is a Federal Aid project, the funds for the project being contributed jointly by the State and Federal governments. There are about eighty (80) employees on the project.

During the past few weeks the employees on the project began to talk and express ideas among themselves that they should have a union for their mutual aid and protection in accordance with the National Labor Relations Act. The above employer through its officers and agents discouraged the attempt of the employees to organize by discharging four employees who were most active and had the courage to initiate the movement to form a Union. The idea of a union came as a result of the employer's violating his contract, and speedup.

A union representative from the General Drivers Local Union #954, CIO, was called into the situation by a committee of the employees. The employer refused to meet with the Union representatives and has further refused to meet with the National Labor Relations Board of the 12th Region and has no regard for the rights of his employees and the provisions in his contract.

It is our contention, and this can be substantiated, that the above employer has effected the following violations:

1. Discharged four employees for union activities.

2. Refused to meet with representatives of the employees.

3. Refused to bargain collectively with respect to wages, hours and working conditions.

4. Refused to meet with the representatives of the National Labor Relations Board of the 12th Region.

5. Refused to show to a union representative his contract.

6. Refused to post his wage schedule or show the provisions of the contract with respect to employees' wages, to the employees.

7. Violated the Fair Labor Standards Act of 1938 by working the same employees, under durus of employment, 72 hours per week without compensation for overtime.

8. Violated the provisions of the Walsh-Healy Act with respect to his contract on a Federal project.

We would like to have action on this case at the earliest possible time. I am sending copies of this letter to the various departments, so that action may be expedited in securing cooperation in bringing about an early adjustment. Yours very truly,

MS:hs

iwa-15-cio

(s) MATT SAVOLA,

2nd Vice-Pres., Mich. State Industrial Union, Council, CIO.

ce-Harold L. Ickes, Secretary of the Interior.

Frank Murphy, Attorney General.

Murray D. Van Wagoner, Mich. State Highway Commissioner.

N. L. R. B. EXHIBIT No. 327-B

Twelfth Region

JAN. 23, 1940.

To: Files.

From: John G. Shott, Regional Director.
Subject: Bacco Construction Company, XII-C-488.

I told Mr. Savola that in view of the Board's memorandum to us of January 8th enclosing a copy of the memorandum they sent to the State Board, that we did not have jurisdiction with the Bacco Construction Company: that I would be compelled to close the case because of the lack of jurisdiction. Mr. Savola will speak to the officers of the Local, if any, this week end, and notify us Monday or Tuesday as to whether they are going to withdraw the charge.

J. G. S.

JGS/fsb

N. L. R. B. EXHIBIT No. 327-C
NATIONAL LABOR RELATIONS BOARD

Regional Office Twelfth Region

Week ending January 27, 1940

WEEKLY REPORT ON PENDING CASES

Case No. XII-C-488. Name of company, Bacco Construction Company. ACTION TAKEN during the week; giving dates of letters written and received, conferences held, etc.,...

1-23: Regional Director discussed case with union representative and informed him that if the charge was not withdrawn, it would have to be dismissed because of lack of jurisdiction. Awaiting union's decision as to withdrawal.

PRESENT STATUS OF CASE.-Awaiting withdrawal of the charge by the union. If such is not received, case will be dismissed.

N. L. R. B. EXHIBIT No. 327-D

NATIONAL LABOR RELATIONS BOARD
12th Region

Week ending Feb. 3, 1940

CLOSED CASE REPORT

Case No. XII-C-488. Name of company, Bacco Construction Compary. Date charge received, August 17, 1939. Dated case closed, January 31, 1945. Name of union, General Drivers L. I. U. 954. Affiliation CIO. Strike, No. Sections of act involved, 8 (1) & (3). Number of workers involved 4. Detailed report as to action taken to close case (if election, give results). Charges could not be substantiated and Union withdrew charges without prejudice.

N. L. R. B. EXHIBIT No. 328

BARGAIN HUNTING AT COMPANIES CHARGED WITH UNFAIR LABOR PRACTICES, DE INVOLVED IN "R" PROCEEDINGS.

NATIONAL LABOR RELATIONS BOARD

WASHINGTON, D. C.

NOVEMBER 20, 1937.

To: All Attorneys in the Field

From: Charles Fahy

Some unions and groups of employees, it turns out, feel so appreciative of the work of our personnel that they are inclined to tender gifts to them. Please do not let them do this. It can easily be explained why this is not possible without injuring the feelings of anyone.

To: Files.

N. L. R. B. EXHIBIT No. 329

BAY DE NOQUET Co., XII-R-220.
N. L. R. B. EXHIBIT NO. 329-A
12th Region

From: John G. Shott, Regional Director.
Subject: Bay de Noquet Co., XII-C-537.

CHARLES FAHY.

2-21-40.

In the course of our meeting this morning, I asked Beman relative to the rotduct of Mr. Hoebreckx, particularly in regard to certain remarks in a telephone conversation on January 28, which Beman alleges Hoebreckx had made. I. : Beman that, as head of the office and as Mr. Hoebreckx' superior, I would take steps to correct that situation, if he would give me particulars of the remarks { Hoebreekx to which he had objected. Beman refused to do this, simply sayg that if the case ever went to a hearing, it would all come out.

JGS-EH

N. L. R. B. EXHIBIT NO. 329-B

J. G S

JAN. 30, 1940

To: Mr. John G. Shott, Regional Director, 12th Region, National Labor Reis: Board, 623 No. Second St., Milwaukee, Wisconsin.

Re: Bay De Noquet Company, XII- R-220.

Dear Sir: This is to request the withdrawal of the petition in the above ma”without prejudice, subject to the approval of the National Labor Relations Bari TIMBER & SAWMILL WORKERS UNION, LOCAL #15, INT'L WOODWORKERS OF AMERICA, C. I. O

By MATT SAVOLA, President.

National Labor Relations Board approval order, dated

1940

Regional Director

N. L. R. B. EXHIBIT No. 329-C

INTER-OFFICE COMMUNICATION

NATIONAL LABOR RELATIONS BOARD

To: Nathan Witt, Secretary.

Twelfth Region

FEBRUARY 1, 1940.

From: John G. Shott, Regional Director.

Subject: Bay de Noquet Company. Case No. XII-R-220.

Request for Order authorizing Withdrawal of Petition.

The petition in this case was filed by the Timber & Sawmill Workers Union, Local #15, International Woodworkers of America, C. I. O., acting by Matt Savola, President, on November 13, 1939.

The request for the withdrawal of the petition was made by the Timber & Sawmill Workers Union, Local #15, International Woodworkers of America, C. I. O., acting by Matt Savola, President, on January 30, 1940. The request was made in writing.

The reasons given for the withdrawal are that the Union has filed charges of unfair labor practice against this Company and prefers to close out the representation matter until a disposition has been made of the charges of unfair labor practices involving 8 (1) violations.

A Board order authorizing withdrawal of the petition is recommended.
Enclosure.

(Signed) JOHN G. SHOTT.

N. L. R. B. EXHIBIT NO. 329-D

NATIONAL LABOR RELATIONS BOARD

12th Region

Week Ending Feb. 10, 1940

CLOSED CASE REPORT

Date

Name

Case No. XII-R-220. Name of company, Bay DeNoquet Company. petition received, November 13, 1939. Date case closed Feb. 5, 1940. of union, Timber & Sawmill Workers Union, Local #15, Int'l Woodworkers of America. Affiliation C. I. O. Strike, No. Sections of act involved 9 (c). Number of workers involved 1925. Detailed report as to action taken to close case (if election, give results). Union requested permission to withdraw their petition. On February 5, 1940, the Board issued an Order Permitting the Withdrawal of the Petition. Copy was served upon the Union.

N. L. R. B. EXHIBIT No. 329-E

UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD

Twelfth Region

In the Matter of Bay De Noquet Company and Fred Maki and Emery Juneau, Jobbers, and Timber & Sawmill Workers Union, Local 15, International WoodWorkers of America (CIO). XII-C-537

THIRD AMENDED CHARGE

Pursuant to Section 10 (b) of the National Labor Relations Act, the undersigned hereby charges that Bay De Noquet Company and Fred Maki and Emery Juneau, Jobbers, Nahma, Mich., have engaged in and is engaging in unfair labor practices within the meaning of Section 8, subsections (1) and (5) of said Act, in that

1. On or about March 1, 1938, the Company, by and through its officers, agents, and employees, refused to bargain collectively with the charging union as the duly authorized representative of its employees at its lumber camp known as Camp

# 27, Nahma, Michigan, and at all times since said date, it has refused and does now refuse to bargain collectively with the said union as the authorized representative of its employees.

2. On or about November 1, 1939, Fred Maki and the Company, by and through their officers, agents, and employees, refused to bargain collectively with the charging union as the duly authorized representative of their employees at the lumber camp operated by Fred Maki, Nahma, Michigan, and at all times since said date, and in particular on October 25, 1940, they have refused and do now refuse to bargain collectively with the charging union as the authorized representative of their employees.

3. By the acts set forth above and by other acts of intimidation, threats, and warnings, and by preventing representatives of the said union from visiting employees in their residences in the various lumber camps on the Company's properties, located in Delta, Alger, and Schoolcraft Counties, Michigan, and by posting notices to its employees, and by other acts and conduct, the Company has been and is now interfering with, restraining, and coercing its employees in the exercise of the rights guaranteed under Section 7 of the National Labor Relations Act.

4. By the acts set forth in paragraph 2 above, and by other acts of intimidation, threats, and warnings, and by preventing representatives of the said union from visiting employees in their residences in the lumber camp operated by Fred Maxi, and by other acts and conduct, the Company and Fred Maki have been and are now interfering with, restraining, and coercising their employees in the exercise of the rights guaranteed under Section 7 of the National Labor Relations Act.

5. On or about November 1, 1939, Emery Juneau, Jobber, and the Company, by and through their officers, agents, and employees, by acts, threats, warnings, intimidation, coercion, and by preventing representatives of the said union from visiting employees in their residences in the lumber camp operated by Emery Juneau, have been and are now interfering with, restraining, and coercing ther employees in the exercise of the rights guaranteed under Section 7 of the National Labor Relations Act.

The undersigned further charges that said unfair labor practices affecting commerce within the meaning of said Act.

Name and address of person or labor organization making the charge. (If made by a labor organization, give also the name and official position of the person acting for the organization): Timber & Sawmill Workers Union Local 15, International Woodworkers of America, (CIO) By: (s) EARL JOHNSON, Pres., 120 E. McLeod Ave., Ironwood, Mich.

Subscribed and sworn to before me this 1st day of November, 1940, at Ironwood,

Mich.

[blocks in formation]

Subject: The Connor Lumber and Land Co., C-986.

COMPLIANCE REPORT-BOARD ORDER

With respect to compliance report on C-986, I acknowledge receipt of your communications of July 18, August 5, and August 29, and I wish to submit the following report on the Cease and Desist Order of the National Labor Relations Board of December 28, 1938 and the Court Order of January 25, 1939, which were found to effectuate the policies of the Act in the above captioned matter. The notation follows that of the Board's Order and the report on this company is divided into two parts as follows:

« PreviousContinue »