The following exceptions are made in the foregoing classifications-girls doing office work who come under production department, record keepers, and general stores departments will be given twỏ Bergl vacation on the basis set out above. Exceptions are to be made in the cases of certain employees who are on full salary basis, and who w receive no overtime pay. All of the foregoing provisions are subject to the requirements of the Fair Later Standards Act. SECOND SUPPLEMENT TO SECTION 5 BELOIT, WISCONSIN, May 5, 1939. INTERPRETATION OF VACATION PLANS The following employees will come under the Office and Engineering Vacation Plan: Girls employed in Production and Stores Departments. Salaried Employees wherever located. This group has key numbers from 700 to 999 inclusive. The following employees will come under the Shop Hourly Rated Vacation Plan: All Shop Productive Employees. All Shop Non-Productive hourly rated Employees not listed under the Office and Engineering Vacation Plan including the following: Kit Fillers General Stores Production Dept. Inspectors Watchmen and Gatemen Receiving Department Tool Crib Attendants This group has key numbers from 001 to 699 inclusive. The vacation plan applicable to an employee is governed by the class of employment in which he was engaged through the last working day of the year preceding the vacation year. In calculating vacation pay a holiday will be considered as a working day if included in one full week or two full weeks' vacation. Individual vacations divided into periods of less than one week will be allowed only on days on which the employee normally works. FAIRBANKS, MORSE & Co. In accordance with our understanding I enclose to you five copies of digest of the results of conferences between representatives of Fairbanks, Morse & Co., Beloit, Plant and Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodge No. 1533. One copy should be transmitted by you to Mr. John G. Shott, Regional Director, National Labor Relations Board, Twelfth Region, Milwaukee, Wisconsin, and another copy should be transmitted to Mr. Harold Anderson, President of Lodge No. 1533 for the files of the lodge. I believe that both your committee and the Management Committee are to be commended in having reached a fair and workable disposition of the matters we had under discussion, and I wish to express my personal thanks to you for your fairness and cooperation during all of our discussion. Sincerely yours, MSh/mg; Enclosures. /s/ MERRILL SHEPARD. N. L. R. B EXHIBIT NO. 335-E POPE & BALLARD 120 South LaSalle Street CHICAGO, September 7, 1939. In re Fairbanks, Morse & Co. Case No. XII-C-58. Mr. JOHN G. SHOTT, Regional Director, National Labor Relations Board, Twelfth Region, Madison Building, Milwaukee, Wisconsin. DEAR SIR: Under date of August 18th, I forwarded to Mr. W. O. Sonnemann of the Steel Workers Organizing Committee on behalf of Lodge No. 1533, Amalgamated Association of Iron, Steel & Tin Workers of North America, five copies of the complete and final digest of the results of conferences between representatives of that organization and of Fairbanks, Morse & Co., Beloit plant. This digest was prepared in accordance with the provisions of paragraph one of the stipulation of settlement entered into in the above proceeding under date of February 3, 1939, and approved by order of the Board dated March 30, 1939. Mr. Sonnemann has now advised by his letter of September 1, 1939, copy of which he forwarded to you, that this digest properly represents the undertakings so arrived at, and I assume that he has transmitted to you a copy of the digest in accordance with my understanding with him. It thus appears that all of the undertakings of the stipulation of settlement have now been met and I would appreciate your advising me that all of the charges and amended charges heretofore filed in the above entitled case have been withdrawn, that the complaint has been dismissed, and that the case may be considered as completely and finally settled and satisfied in accordance with paragraph nine of the stipulation. Yours very sincerely, /s/ MERRILL SHEPARD. Re: Case XII-C-58. Mr. JOHN G. SHOTT, N. L. R. B. EXHIBIT No. 335-F STEEL WORKERS ORGANIZING COMMITTEE, Regional Director, Twelfth Region, National Labor Relations Board, Madison Building, Milwaukee, Wisconsin. DEAR MR. SHOTT: The terms of the Stipulation, dated February 3, 1939, entered into by the Fairbanks, Morse & Co., Beloit, Wisconsin, and the Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge #1533, have been complied with by the Company. The Digest of Conferences has been filed with your office and this Digest fairly represents the conclusions arrived at after a series of conferences between the representatives of the Company and the Union. The Amalgamated Association of Iron, Steel and Tin Workers of North Ameries, Lodge #1533, therefore respectfully petitions your office for permission to withdraw all of the charges and amended charges heretofore filed in this matter. If this permission is granted, will you please also consider this letter a withdrawal of all such charges on the part of the Union. Very truly yours, WOS/b STEEL WORKERS ORGANIZING COMMITTEE /s/ W. O. SONNEMANN, Field Representative. copy to: Mr. Merrill Shepard Rec'd Sept. 12, 1939 12th Region, N. L. R. B. (Order Dismissing Complaint In the matter of Fairbanks, Morse & Co., Case No. 12-C-58, was received in evidence, marked "N. L. R. B. Exhibit No. 355 G,” and is on file with the committee.) N. L. R. B. EXHIBIT NO. 335-H NATIONAL LABOR RELATIONS BOARD 12TH REGION Week Ending September 16, 1939 CLOSED CASE REPORT Case No. XII-C-58. Name of company, Fairbanks, Morse & Co. Date case closed, Sept. 14, 1939. Name of union S. W. O. C. in behalf of the Amalgamated Association of Iron, Steel & Tin Workers of North America. tions of act involved, 8 (1) (2) (3) (5). Number of workers involved, 2800. Sec Detailed report as to action taken to close case (if election, give results), Complaint and Notice of Hearing in XII-C-58 & XII-R-112 issued 9-25-37. XIIC-58 severed 2-8-38 Innumerable conferences held which finally resulted in the Stipulation of 2-3-39 (Exhibit 1), and subsequent collective bargaining conferences between union and company which resulted in the Digest of Results of Conferences (Exhibit 2), and, finally, Dismissal of Complaint (Exhibit 6) on September 14, 1939. ADJUSTED CASE REPORT 1. Was charge adjusted by settlement agreement? Yes, Exhibit 1. Was settlement agreement reduced to writing? Yes. If so, attach copy. Did regional office participate in securing agreement between parties? Yes. 2. Was alleged company union disestablished? Yes. Was company's recognition of or contract with such company union rescinded? Yes. 3. Number of workers reinstated after strike or lockout. after discriminatory discharge. Amount of back pay, $.....- - - . Number of workers receiving back pay. 4. Did parties enter into collective bargaining negotiations? Yes, Exhibit 2. If so, was a written collective bargaining agreement entered into? Yes, Exhibit 2. If so, attach copy. If collective bargaining agreement not in writing, set forth main terms. 5. Was notice posted? Yes, Exhibit 3. If so, attach exact copy. How long posted? 60 days. Does notice cover Section 7 of Act? Yes. Section 8 (1)? Yes. Section 8 (2) Yes. Section 8 (3), Yes. Section 8 (5)? Yes. 6. Has company furnished proof of compliance? Yes, Exhibit 4. If so, attach copy. Has union furnished confirmation of compliance? Yes, Exhibit 5. If so, attach copy. 7. Does adjustment completely dispose of all allegations in charge? Yes. If not give explanation: (Contract sent to Economics Division. Date 10-9-39.) N. L. R. B. EXHIBIT No. 336 FEDERAL STEEL SASH CO. AND ITS SUCCESSOR CRITTALL FEDERAL, Inc. N. L. R. B. EXHIBIT No. 336-A To: Nathan Witt, Secretary. Twelfth Region OCTOBER 10, 1939. From: John G. Shott, Regional Director. Subject: Federal Steel Sash Company, XII-C-417. I have been able to talk with Mr. A. J. Hayes, International Representative of the International Association of Machinists on the matter referred to in the last paragraph of my October 9th memorandum on the apparent conflict of jurisdiction between the International Association of Bridge, Structural & Ornamental Iron Workers, A. F. L., and the International Association of Machinists in this case. Mr. Hayes informs me that the matter of jurisdiction for this local is now under consideration by the International officers of both unions who are nowi n attendance at their annual convention, and that he is willing to have any action on the charges held up until the return of the delegates from the convention. I will advise you just as soon as we are able to learn what disposition has been made of the jurisdictional matter in this case by the International representatives of the two unions involved. Air Mail. N. L. R. B. EXHIBIT No. 336-B To: Nathan Witt, Secretary. Twelfth Region JOHN G. SHOTT. OCTOBER 18, 1939. From: John G. Shott, Regional Director. I have been advised this morning by Mr. A. J. Hayes, International Representative of the International Association of Machinists, in the jurisdictional matter between his organization and the International Association of Bridge, Structural and Ornamental Iron Workers. Mr. Hayes informs me that the International officers of the respective unions have taken no action and that he desires the Board to go ahead on the case. I have had informal discussions with Mr. J. A. Evensen, Vice President, International Association of Bridge, Structural and Ornamental Iron Workers, who contends that he represents practically all the workers in this bargaining unit. However, the organization has not formally requested our intervention in the matter and I see no reason why we should not go ahead on the basis of the original charge. There was some indication that a hearing would not be necessary if the International Association of Bridge, Structural and Ornamental Iron Workers was given jurisdiction, hence my advice to you to hold up consideration of the request. JOHN G. SHOTT. JGS/fsh Airmail. N. L. R. B. EXHIBIT No. 336-C OCTOBER 24, 1939. To: Mr. Nathan Witt, Secretary. On Thursday, October 19, 1939, representatives of the International Association of Bridge, Structural and Ornamental Iron Workers, including J. A. Evensen, General Vice-President, came to the office and conferred with Mr. Mett and me with respect to their claim to representation of the employees of the CrittalFederal, Inc. They stated that of the 116 employees of the Company, at its Waukesha plant, 108 are eligible to membership in their organization: they added that of these 108 employees, 103 had, during the latter part of August and the early part of September, designated the International Association of Bridge, Structural and Ornamental Iron Workers as their representative for the purposes of collective bargaining with the said Company. In support of their statement that the Association had been so designated, they produced signed application blanks and membership booklists, all of which appear quite regular. On the basis of these records, the representatives of the Association requested certification. We mentioned to them that there were charges pending in the above captioned matter, indicated that a request for authority to issue a complaint was now before you, and added that in view of all the circumstances, we could take no action with respect to their request, but promised that we would forward to you a full statement as to their position. The representatives of the Association stated that they were not in favor of proceeding against the Company upon any charges whatsoever, and asked that the instant proceeding be dropped. In view of all the circumstances, we pointed out to the said representatives that they should seek to resolve, within the framework of the A. F. of L., the apparent jurisdictional dispute between the Machinists and the Association with respect to this matter. On Friday morning, J. A. Evensen talked to Mr. Mett over the phone from Chicago, and read to him a copy of a wire that he (Evensen) had just received from his International Office. The contents of the telegram, read to Mr. Mett, were as follows: "Re: Jurisdictional Controversy Iron Workers vs. Machinists Crittal Federal Sash Company, Waukesha, Wisconsin. "I wish to advise while we were in Cincinnati attending the Convention of the Department and the American Federation of Labor, we had two meetings with the International Association of Machinists in order to try to come to some settlement satisfactory to both organizations. We discussed several items which were in dispute, among which was the Crittal Federal Sash Company. Vice-President H. L. Nickerson of the Machinists who I believe is either from Milwaukee or Chicago, was present at this meeting and he agreed that this job should come within the jurisdiction of our Association, inasmuch as there are only a few employees who would come under the Machinists." In his 'phone conversation with Mr. Mett, Mr. Evensen stated that he would, during the early part of the present week, get in touch with Mr. Nickerson, referred to in the aforementioned telegram, and would urge upon him the withdrawal of the charges now pending before the Board in the above captioned matter. In view of the position which Mr. Nickerson is reported to have taken during the Cincinnati Convention of the A. F. of L., it is possible that he will, on the request of the Association, transmit to us a request for withdrawal of said charges. In view of all the foregoing, will you kindly withhold all further action on our request for authority to issue a complaint in the above captioned matter until further advices from us? FPM*EH JOHN G. SHOTT. |