III

The Employer agrees to grant the necessary time off without discrimination an: without pay to any employee designated by the Union to attend a Labor ConveLtion or serve in any capacity on other official Union business, that in order · promote harmonious relationships and permit new employees to become adapret to position and personnel and established as fit and competent they shall ben probation for a period of six months from employment, during which time de charge may be summary and without statement of cause, that upon reaching ** age of sixty years of age all employees will be permanently upon probation an. and subject to such discharge.

IV

That during the terms of this agreement the Union agrees not to solicit Uza. membership during working hours or on the premises of the Employer, the Unit further agrees that there shall be no strikes, primary or secondary boycott during the term of this agreement and the Employer agrees that during the term of the agreement there will be no lockout of employees except that the Employer is free to discontinue the operation of the plant or any department thereof if the stoesholders find that economic conditions and circumstances justify such action.

V

That either party of this contract may present to a grievance committee of t3 other party, to consist of not to exceed three members, the matter in dispat which shall, by the two committees in meeting held not less than five days after submission and not during working hours, adjust the dispute or grievance to the mutual benefit of the parties hereto.

VI

That wages shall be paid on a monthly basis on the 15th day and the last da of each month with employees working six days per week, eight hours per da. Time record of employees to be shown on time clock furnished by the Emplover Where the work does not consume the entire eight hours per day the Employe may make the proper deduction for the time not worked.

VII

That the wage scale shall be as follows:

The existing scale of wages during the time that the price of 92 score butter as quoted on the Chicago market is 28¢ and not above 356, during a majority of the days of a wage paying period; a wage reduced by 10 per cent (10) from th now existing scale during the time that said quotation for 92 score butter is lower than 28 and 23¢ or higher during a majority of days of wage paying period a wage reduced by an additional five per cent (5%) from the now existing star during the time that said quotation for 92 score butter is lower than 23e during majority of days of a wage paying period. Quotations being by the pound butter. If the price of butter is more than 35¢ and less than 42è during à majent of the days of a wage paying period a wage increase of ten per cent (10°)) over t existing scale shall be paid.

VIII

That during slack time caused by a reduction of flow of milk or cream of the scale or diversion of milk or cream, employees to be rotated in the respectar departments with superior ability and superior efficiency to receive due considerstion in questions of rotation, lay off or discharge.

IX

That during the slack time determined to be between the 15th day of Augs and the 1st of March annually, employees may take one week of vacation, withie. pay, the period to be selected alphabetically by employees in the two departme: *» but not more than one man from each department shall be on vacation duri: the same period.

That during emergencies of not more than two days duration employees sha.. assist at the regular rate of pay.

X

That this agreement is subject to the ratification of the authorized represent3tives of the party of the second part and of the stockholders of the party of the

first part, whose resolutions of approval shall be attached hereto and made a part hereof.

In witness whereof the parties hereto have hereunto set their hands and seals the day and year first above written.

To: John G. Shott, Director, 12th Region.
From: Estelle S. Frankfurter.

Subject: Richland Cooperative Creamery, C-749.

We are closing this case by compliance with the Board order and court decree, based on your memorandum of June 1. ESF; ma

E. S. F.

(Decision and Order In the Matter of Richland Cooperative Creamery Company was received in evidence, marked "N. L. R. B. Exhibit No. 357-J", and is on file with the committee.)

(Order of United States Circuit Court of Appeals for the Seventh Circuit In the Matter of National Labor Relations Board v. Richland Cooperative Creamery Company was received in evidence, marked "N. L. R. B. Exhibit No. 357-K", and is on file with the committee.)

From: I. Komaroff.

Subject: Rock River Woolen Mills, XII-C-469.

Conferred with Mr. Benson and Mr. Dulin who informed me that at the present time the company was refusing to bargain with the union as indicated in the letter to Mr. Dulin signed by Mr. Wood, attorney for the company, and dated June 20th (copy is in Exhibit File). This, despite the fact that the company canceled the agreen ent, as shown in a letter from Mr. Warren, president of the Rock River Woolen Mills, to the union dated June 8th (copy is in Exhibit File). The union feels that this is a violation of Section 8 (5) of the Act.

The union further alleges that Section 8 (3) of the Act is violate in the failure to reemploy Guelzo and Maresch. Affidavits from Guelzo and Maresch are in our file. Álso affidavits from the bargaining committee indicating Mr. Taite's (company vice president and plant manager) antagonism to Mr. Guelzo.

In addition, the union alleges that the company is violating the contract for the purpose of breaking the union in that the company is refusing to discharge five employees whom the union has requested them to discharge because they are no longer in good standing as required by the contract between the union and the company (copy of contract is in Exhibit File).

Conferred with Mr. Wood, attorney for the company, Mr. A. D. Warren, president; Mr. J. D. Taite, vice president and general manager; Mr. T. C. Peacock, secretary-treasurer; and Mr. Henry Traxler, director representing the citizens of Janesville.

218054-41-vol. 24, pt. 2—69

Concerning the refusal to discharge the five employees who failed to remain in good standing in the union, and in pursuance with the union's request for their discharge, the company claims that that was not their intention when they signed the contract. Their interpretation of the contract is that they must discharge anybody who "refuses to remain in good standing on account of not paying their dues." They claim that the five men have informed them that they have tried to pay their dues and that the union will not accept their dues. Therefore, the company refuses to discharge the men.

I indicated to them that the contract was very clear on that point and that the union had a constitution and by-laws and should any member lose their "good standing" because of suspension or expulsion pursuant to the constitution and by-laws of the union, they would, under the contract, be required to discharge such employees. The company indicated that they would not abide by that section of the contract. Further indicated that they had no written proof of the effort of the above mentioned employees to pay their dues.

Concerning the failure to reemploy Guelzo and Maresch, they point to the fact that Maresch was last in seniority on the maintenance department list and that no one has been hired in his place.

They admit that a Mr. Schmidt has replaced Mr. Brummond as a watchman, which position is classified in the maintenance department, but insist that they have the right to select their watchmen from the ranks of people they consider trustworthy and responsible.

Guelzo was classified as a floor man in the weaving department and is third on the seniority list of four. Both Guelzo and Kearns, third and fourth respectively in seniority, have been laid off and not replaced by any other employee. They denied antagonism to either of these two employees and indicated that they would agree, in writing, to reemploy them should jobs for them develop.

They explained that the reason for the curtailment of these two jobs is that the introduction of automatic machinery and the curtailment of production have reduced the work of the four men so that only two out of the four are now necessary. Concerning the alleged violation of Section 8 (5), or the refusal to bargain with the union, they state that they are honestly in a quandary-that after the receipt of the 171 cards indicating that a majority of their employees do not desire to be represented by the C. I. O., they feel that they cannot legally enter into an agree ment with the C. I. O. granting exclusive bargaining rights and a closed shop te the C. I. O.

They have further been placed in a difficult position by virtue of the fact that some of their employees have petitioned the State Board for a determination on the question of representation.

I advised the company that we had no position on this matter until we looked into all the facts. I, therefore, requested that the company submit the following information to me:

1. A list of the 171 employees.

2. Payroll of the company as of October, 1937.

3. A "present normal" payroll.

4. A payroll as of June 16, 1939.

The company agreed to furnish this information to me.

Also asked the company for a detailed written explanation for their failure to reemploy Guelzo and Maresch. They promised to send this information to me by June 23d at the latest.

6-23-39. Conferred with Max Geline, Louis Schultz and Al Benson. Fxplained the company's position to them and advised them that I was awaiting receipt of company communications as indicated in memorandum of June 22d. It was decided that if the company would concede to a cross check of union membership and present or normal payroll and to an informal certification based on such a check and would enter into bargaining pursuant to such a certifica: 05, the 8 (5) angle of the charges would be settled. If the company agrees to this, the union will file a petition.

Concerning the 8 (1) charge, the union insists that the contract gives them the right to request the discharge of the five employees have been attempting to disrupt the union for the past year; that they were involved in the circulation of the petition requesting denial of the bargaining rights to the C. I. O., and have been delinquent in dues between six and ten months. They feel that it is only just that the company discharge these people pursuant to the terms of the contract and insist that this be done. The union further indicated that they were contemplating civil court action in the event the company fails to do so.

Concerning the discharges, the union agreed that the lay-offs were on the basis of seniority, but stated that departmental seniority, specified in the contract, should have placed Maresch in the watchman's job. They did not argue vigorously against the company's contention that they have the right to select the watchmen.

Concerning Guelzo, the union admitted that no one had taken his place, but brought out the fact that foremen were helping the remaining floor men and thus Guelzo's job was being eliminated. They conceded that it would be difficult to show that this move was not made for the purpose of efficiency, but for the purpose of eliminating Guelzo's job.

We advised them that we expected to receive the documents from the company by tomorrow morning and that upon making the check that we desired, we would call them for a further conference.

IK: MB

N. L. R. B. EXHIBIT NO. 358-B

(Dictated July 13, 1939)

To: The file.

From: E. J. Brophy.

Subject: Rock River Woolen Mills, Case XII-R-204, Case XII-C-469, 7–12–39. Field examiner held a joint conference between representatives of the company and the union in Attorney Woods' office in Janesville, Wisconsin, today. Present for the Company were Messrs. Warren, Tait, Peacock, and Attorney Wood. For the Union were Al. Benson, Louis Schultz, Dulin, and Schofner.

The conference was called to discuss disposition of the charges, particularly. the 8 (5), as well as the petition for certification filed by the Union.

The Company immediately set forth that they believed an election among the employees to determine whether they wanted the Union to represent them or not was necessary. They believed that if this were done within the next few days, the entire situation would be settled. Attorney Wood said that if the Union won, he hoped it would be by a big majority. If they lost, he hoped they would lose by a big majority. Schultz then pointed out that if any election were held and the Union lost, the Amalgamated would not leave Janesville or allow the Rock River Woolen Mill situation alone.

Field examiner proposed to the parties that they renew the present contract which expires July 15th for a period of time or until the Regional Office made a determination as to whether the Union represented a majority of the employees in the appropriate unit for collective bargaining purposes. The Company answered by stating that they would agree to continue conditions on a status quo basis but would not enter into a contract until an election were held. Schultz then stated that the Union was going to demand that the Board open up this whole proceeding and hear their charges as he was convinced that if the Board went into the case formally and exposed the Company's unfair labor practices, they would automatically certify the Union without an election. Field examiner then proposed that the parties renew the contract for a period of 90 days or 4 months and, in the meantime, the Regional Office would request the Board to take formal action on the "R" case. The Company representatives, after a private discussion by themselves, returned to the room and stated that they would agree to the following:

1. Renew the existing contract for a period of 90 days, providing the Union would reinstated into good standing the employees who had been expeiled for membership providing, of course, that the employees would pay their dues within a 10 day period. If they did not pay dues within a 10-day period, the Company would discharge them according to the contract;

2. During the 90-day period or at the expiration thereof, the Regional Director of the 12th Region would conduct an election to determine whether the employees desire the Union to represent them for collective bargaining. The proposals as advanced by the Company were set forth in a proposed stipulation to be submitted to the Union membership by the representatives at the meeting scheduled for Saturday, July 15th. Union representatives present felt that the Union membership would accept the Company's proposal and also agreed to withdraw the charges in the "C" case-the "R" case to continue open pending. an election, if, after the situation quiets down, such seems necessary.

The Company verbally agreed to meet with the Union representatives and discuss the settlement of the 8 (3) cases and further agreed that if a settlement between them could not be reached, that the cases would go to arbitration as provided for in the existing contract.

Both Schultz and Benson appeared rather jubilant over the results of the conference and seemed quite confident that the membership would ratify the proposed stipulation, copy of which is hereto attached.

EJB:VM

N. L. R. B. EXHIBIT NO. 358-C

BEFORE THE TWELFTH REGIONAL OFFICE OF THE NATIONAL LABOR RELATIONS

BOARD

In the matter of The Rock River Woolen Mills and Local Union 207 of Textile Workers Union of America. (C. I. O). Cases 12C469-12C4204. Stipulation.

It is stipulated and agreed by and between local Union 207 of Textile Workers Union of America (C. I. O), hereafter referred to as the Union, and Rock River Woolen Mills, hereinafter referred to as the Company, as follows:

It is agreed between the Union and the Company as follows:

1. That the existing contract, between the Union and the Company, dated the 5th day of October, A. D. 1937, as previously amended and extended, be and the same hereby is, continued in full force and effect until the 15th day of October, A. D. 1939.

2. The Union agrees to reinstate any employee of the Rock River Woolen Mills, approximately nine in number, who have been expelled from the Union, or are about to be expelled from the Union for non-payment of dues, upon such employee paying his dues to the Union within ten days from the date of this stipulation and the Union agrees to forthwith deliver to the Company the names of all such employees, and the Company agrees to discharge, at the expiration of said ten days period, any of such employees who have not paid their dues in accordance with this provision.

3. It is further agreed that a consent election shall be held by the Regional Director of the Twelfth Regional office of the National Labor Relations Board, or by such agent or agents as he may designate, and it shall be held in accordance with the rules, regulations and decisions of the National Labor Relations Board. Such election to be held prior to the 15th day of October, 1939 for the purpose of determining whether the employees of the Company desire to have the Union represent them for the purposes of collective bargaining.

4. Upon the performance, by the parties of the provisions of this stipulation the Union agrees to petition the Regional Director of the Twelfth Regional Office of the National Labor Relations Board for permission to withdraw any and all charges filed and known herein as Case Number 12-c-469.

Dated at Janesville, Wisconsin, this 15th day of July, A. D., 1939.

THE UNION
By [s] AL BENSON,

State Organizer.

[s] LOUIS SCHULTZ, National Representative. [8] FRED Moore,

Member of Bargaining Committee. [s] RILEY SCHOFNER,

Member of Bargaining Committee. [s] ED DOOLIN,

Member of Bargaining Committee.

ROCK RIVER WOOLEN MILLS, By [s] P. J. E. WOOD, Atty.

Received 12th Region 7/18/39.