agree to drop Van Laanen's and Treu's cases at that time? Was it underst that the charge representing these two individuals would be allowed to rema file and would be proceeded with in the usual course by the Board?

BMS: ma

cu 7/27

(Decision And Order In the Matter of Marathon Rubber Products Co. received in evidence, marked "N. L. R. B. Exhibit No. 348-D" and is on file w the committee.)

DEAR FAHY: I meant long ago to write and congratulate you on your app ment as General Counsel of the Board. It is a most important job and I am go' that it has been committed to your hands.

The bearer of this letter, Mr. F. P. Mett, who graduated from our Law Sex last summer in the upper 15% of the graduating class of about 125 men, is an to get a job in Washington. If you have any vacant positions on your staff, ♬ would be well worth considering.

He is a graduate of the University of Wisconsin College of Letters and Scie as well as the Law School, and has largely earned his way through the ent course. While in the Law School he headed the very active Legal Aid Bureat ⠀ Madison, and also was President of the Law School Association, an elective, filled by the law students themselves and representing the chief link between > students and the faculty. He is a man of unquenchable energy with a lot initiative and a practical head on his shoulders, He is a person of abse integrity, married, and of good habits. I am glad to recommend him to without reservation.

Sincerely yours,

LKG-AM

/s/ LLOYD GARRISON

N. L. R. B. EXHIBIT No. 349-B

LAW OFFICES OF

JOSEPH A. PADWAY

COUNSEL, AMERICAN FEDERATION OF LABOR

321-327 Tower Building

NATIONAL LABOR RELATIONS BOARD,

Washington, D. C.

WASHINGTON, D. C., March 8, 19

GENTLEMEN: It has been called to my attention that at the present time then is a vacancy in the office of the Regional Attorney for the 12th Region. Dav also been advised that Frederick P. Mett formerly a Review Attorney for you Board and at present connected with the Regional Offices, is being considered ! ? this post.

While Mr. Mett has been located in Milwaukee for a comparatively short t he already commands the admiration and respect of all those who have raoccasion to consult with him or work with him on Board matters. This is tra regardless of whether it be employee, employer or labor organization. And a particularly true of labor organizations, whether they be American Federatio of Labor or C. I. O. affiliates.

While we have had occasion to meet Mr. Mett in reference to other matters, to the present time we have participated in only one hearing, in which Mr. Me

Iso participated. This was in the matter of the Wisconsin Telephone Company. The Labor organizations which we represented, my associates and I were greatly npressed with Mr. Mett's ability and diligence in his handling of this matter, nd we do not hesitate to recommend his appointment on the basis of this case lone.

I am sure that should Mr. Mett be appointed Regional Attorney, such appointnent will meet with the approval of all who are interested in having a capable and competent staff in the 12th Region to administer the Wagner Act.

Yours very truly,

JAP:EM

/s/ Jos. A. PADWAY, Counsel for Wisconsin State Federation of Labor. Counsel for American Federation of Labor.

Copy to N. S. Clark, Director, 12th Region.

N. L. R. B. EXHIBIT No. 349-C

Letterhead of

BAKERY & CONFECTIONERY WORKERS INTERNATIONAL UNION OF AMERICA Room 202, Metropolitan Block, 1012 North Third Street,

Milwaukee, Wisconsin

OCTOBER 19, 1938.

Re: Robert A. Johnston Company, XII-C-302; American Candy Company, XII-C-324; Tharinger Macaroni, XII-C-270).

Mr. NATHANIEL S. CLARK,

Regional Director, National Labor Relations Board,

Twelfth Region, Madison Bldg., Milwaukee, Wisconsin. DEAR MR. CLARK: I want to take this occasion to express my personal deep appreciation and the appreciation of Local 244, Bakery & Confectionery Workers International Union for the splendid service which you and the members of the N. L. R. B. staff in your office, particularly Messieurs Mett, Consedine, and Holbraux, have rendered.

We feel that the Board has assisted us greatly with respect to the Tharinger Macaroni Company, the Robert A. Johnston Company and the American Candy Company matters and that it has at all times assumed a fair and impartial attitude in such matters.

We have always found you and the members of your staff courteous and cooperative. Our union believes that your office has done a tremendous amount of good work in protecting the rights of labor in this region.

I am certain that our relations in the future will be as pleasant and satisfactory as they have been in the past.

Yours very truly,

/s/ JOSEPH ALBERTI,

Business Representative, Bakery & Confectionery Workers International Union. (Rec'd Oct. 20, 1938) 12th Region NLRB.

N. L. R. B. EXHIBIT No. 349-D

JANESVILLE, WISCONSIN, May 3, 1939.

Mr. FREDERICK P. METT,

Director 12th Region, N. L. R. B.,

623 North 2nd Street, Milwaukee, Wisconsin.

DEAR MR. METT: Well at last we have received our decision and you can imagine how elated we are. Maybe we were impatient to get it but I really think we had a right to hear sooner. At any rate, we apprecite it a lot and want to thank you so much for the important part you played in getting us such a favorable decision. I hope you stay in the Regional office in case we need help again, although I hope we go along so smoothly now we won't need to appeal to the National Labor Relations Board again.

Thank you again for all you have done for us in the past. With kind regards to you, I remain

Fraternally Yours,

/s/ ESTHER A. HOCKING, Acting Recording Secretary, i. b. e. w. local b. 969.

Rec'd May 5, 1939, NLRB, 12th Region.

N. L. R. B. EXHIBIT No. 349-E

WAUSAU, WISCONSIN, October 19th, 1939.

(Re: Commonwealth Telephone XII-C-218). Mr. JOHN G. SHOTT,

Director, 12th Region, National Labor Relations Board,

Milwaukee, Wisconsin.

DEAR MR. SHOTT: I wish to take this means of expressing my thanks and sppreciation of the manner in which the 12th Regional Office of the National Labor Relations Board brought the labor dispute involving myself, Mr. Walter Seidler and the Commonwealth Telephone Company, to final settlement.

While during the earlier stages of this dispute I desired reinstatement in my former position, it became increasingly clear to me during the past year that sur reinstatement with this employer was no longer a desirable thing. Hence, the basis upon which the matter was finally settled, through your efforts, I believe to be the best possible working out of the whole situation, in view of the fact that reinstatement was no longer of primary importance.

May I assure you again that I am deeply grateful for your services and those of the entire staff of the 12th Region, especially of Regional Attorney Frederick P Mett, whose hard work on this case will never be forgotten.

Allow me to say also, that any doubts that I had some time ago regarding the value and force of the National Labor Relations Board as a medium for solving. and perhaps in the future, preventing, labor disputes, were effectively dispeiled by what I have seen recently of the employer's attitude when brought face to face with facts he can no longer evade or ignore.

Respectfully yours,

Wausau, Wisconsin.

(Rec'd Oct. 20, 1939) 12th Region NLRB.

/s/ THEODORE R. SIPLON.

N. L. R. B. EXHIBIT NO. 350

U. P. MICHIGAN LUMBERJACKS CERTIFICATION, NORTHERN HARDWOOD & HEMLOCK MFG. ASSN.

To: Files.

From: I. Komaroff.

N. L. R. B. EXHIBIT No. 350-A

Subject: The Northern Hardwood and Hemlock Manufacturing Associati a, et al., XII-R-187.

3-2-39. A conference was held with Mr. Shields, acting regional director, and Mr. Loevinger, regional attorney of the 18th Region, Mr. Tomberg, secretary of Local 29, I. W. A., C. I. O., and Mr. Joe Van Nordstrand, State C. I. O. Secretary This conference discussed the problems relating to petitions filed by Local 29 and Local 15 of the I. W. A. alleging a question of representation and alleging the appropriate unit for the purpose of collective bargaining to be the entire state of Minnesota and the Upper Peninsula of Michigan, respectively.

The entire past bargaining history of the lumberjacks in the state of Minnesota was discussed. They recalled the strike of the lumberjacks in 1936 which was settled by a very loose agreement being signed between the Minnesota Timber Producers' Association and Local 29. Although this agreement provided for state wide terms, the Association signed "for such of its members as would accept those terms." By 1937, the large companies had joined the Minnesota Timber Producers' Association and the agreement was between the Association and the union, but it required each individual company to sign a separate agreement.

At the present time, the Producers' Association has again signed an agreement with Local 29, but only binds those of its members who agree to the terms, and requires individual agreements between the companies and the union. Thus, it is apparent that although bargaining has taken place on a state wide basis for four years, the contracts resulting from the bargaining are really contracts between individual companies and the union.

Nothing of this character exists in the bargaining history between the lumberjacks and the companies in the state of Michigan. Although there is a Northern Hardwood and Hemlock Association, it is essentially a “trade” association and not an "employer" association.

Concerning the commerce features, it is apparent that the main distinction between Minnesota and Michigan production is that Michigan produces a good deal of hardwood, whereas Minnesota produces pulp and cedar almost entirely. There is little doubt that the industries on the whole are interstate in character, but one might seriously question the jurisdiction over an individual jobber in certain cases.

The discussion further revealed serious doubt on the part of Shields, Loevinger and Mett as to the Board finding that the appropriate unit was a state unit. When this possibility was revealed to Mr. Van Nordstrand and Mr. Tomberg, they definitely stated that if there was any serious danger of a Board finding against them they would like to withdraw their petitions, but if there was a good possibility of the Board finding with them in their contention on the appropriate unit, they wanted us to proceed with our investigation and hearing.

It was, therefore, decided that rather than begin the investigation, which would consume a good deal of time and might prove very harmful to the union, we should draft a memorandum for Mr. Witt's attention describing the nature of the problem. Mr. Shields agreed to draft such a memorandum for the Minnesota situation and I agreed to draft one for Michigan.

IK:MB

Airmail

N. L. R. B. EXHIBIT NO. 350-B

INTER-OFFICE COMMUNICATION

NATIONAL LABOR RELATIONS BOARD

To: Mr. Nathan Witt, Secretary.

MARCH 30, 1939.

From: Robert J. Wiener, Director, Eighteenth Region.

Subject: Timber Industry of Minnesota, Case No. XVIII-R-170. This memorandum prepared by James M. Shields, Field Examiner. This is not a formal request for authorization and order for investigation and hearing, but a preliminary inquiry as to whether or not the unit set up in this petition may be considered a proper one. The union in this case prefers not to have a public preliminary investigation made unless there is a strong likelihood that the Board would deem the unit proper. For that reason this memorandum is prepared, patterned on the formal request form, with the request that an opinion on suitability of the unit be given as promptly as possible.

The petition was filed by Local 29, International Woodworkers of America, affiliated with the C. I. O., on February 7, 1939.

THE COMPANIES AND THEIR BUSINESS

Attached to the petition is a list of members of the Timber Producers Association, which is an organization of timber operators in the State of Minnesota. There are 164 names on the list, and while it is not plain that every employer in the industry within the State is included, it is true that the vast majority of operators are members of this Association. The 164 operator members include all the larger operators within the State. About half of those listed are small contractors working for and through the large companies. Not included in the list are some 50 or more such small contractors who were formerly foremen or other employees of the larger companies, but who set up from time to time as separate operators under special contract with the large companies. It is very difficult to get an accurate and complete list of all operators actually conducting production at a given time, due to the increasing practice of the larger companies to sublet operations from time to time to different individuals, who then acquire the status of independent

employers of labor. There is no question, however, but that the Association personnel includes practically all of the important timber operators of the State. The business of these operators consists of logging operations, pulpwood cutting and peeling, cedar cutting and peeling, tie cutting, and general transportation of timber and wood products. Some of the larger operators own their own sawmills. Operations are seasonal to the extent that climatic conditions necessitate heavy cutting and pceling operations in the summertime, when employment reaches its peak in a good year at about 4,500 workers. During the winter, when the frozen ground permits, cuttings are transported, necessitating a smaller employment. At no time is employment completely discontinued, but in the early fall and late spring it may cut down as low as one-fifth of the number employed at peak time. The area of operations covers approximately the entire northeastern quarter of the State of Minnesota. Within this area are four sub-areas, so determined on the basis of the type and flow of products, as follows:

The northern section, embracing the Superior National Forest and the north shore of Lake Superior, cuts an estimated 60,000 cords of pulpwood annually. Practically all of this pulp is transported to Wisconsin mills. In addition, considerable rough lumber and ties are also transported beyond State lines by rail and boat.

The central section, embracing the central part of the State, north through the Iron Range, produces between 7,000,000 and 13,000,000 feet of lumber annually, about 40% of which is cut into box lumber and pine flooring in local sawmills and shipped by rail to Wisconsin, Iowa, and Illinois. Pulp in this area is trucked to paper mills within the State at Cloquet, International Falls, Grands Rapids, and Brainerd, although some considerable amount is shipped by rail to Superior, Wisconsin.

Duluth-Cloquet area. Wood products within a 60-mile radius of Duluth are shipped into Duluth and Superior by truck. It is estimated that about 46,000 cords of pulpwood are annually exported from this area directly to Wisconsin paper mills. This is about 30% of total production. It is further estimated that of an annual production of around 400,000 fence posts and cedar poles cut in this area, a large percentage is exported from the State.

The northwestern section, running south and west, from International Fall- to Bemidji, cuts about 90,000 cords of pulpwood and cedar products, along with a considerable amount of saw logs. Estimates indicate about 30% of the total production in this area goes north into Canada for processing.

The above data are gross estimates based upon information the union has obtained from various sources. No effort has been made by this office to make the detailed, prolonged investigation necessary to determine specific facts regarding detailed operations of even the very large companies. (See explanation under COMMENTS.) It is quite evident, however, that a large amount of interstate commerce is involved in the operations of the area as a whole, although unquestionably many of the smaller operators make no direct shipments across state lines. The union claims that about 30% of the total pulpwood cut in the State is transported to other states and Canada for processing. This is the chief timber product.

THE LABOR ORGANIZATIONS INVOLVED

Local 29 of the International Woodworkers of America, affiliated with the C. I. O., is a labor organization within the meaning of the Act. Headquarters of this local is at Duluth, and it has jurisdiction over the entire area contained in the petition. This union began organizing in 1936 as a local of the United Brotherhood of Carpenters and Joiners of America, affiliated with the A. F. of L. In August, 1937, the membership voted 1718 to 29 to affiliate with the C. I. O., and at that time gave up the A. F. of L. charter.

Local 2776 of the United Brotherhood of Carpenters and Joiners of America, affiliated with the A. F. of L., is a labor organization within the meaning of the Act. In 1938 following difficulties within Local 29, a small nucleus of members resigned from the C. I. O. and resurrected the A. F. of L. charter of this organization which had been given up by the majority group in 1937. Since that time this organization has maintained existence, beginning in the summer of 1938, and has materially increased its membership in the area.

THE APPROPRIATE UNIT

Local 29 of the International Woodworkers of America, C. I. O., claims that the entire logging operations covered by the operators represented by the Timber