April 20th, 1938, pursuant to Notice of Election issued by Robert H. Wiener, Acting Regional Director for the Eighteenth Region, that the ballots were fairt and accurately counted and tabulated, and that the secrecy of the ballots was maintained. We certify that the results of said counting and tabulation were as follows: Total Number of Votes Cast for Granite Cutters International Association Total Number of Votes Cast against Granite Cutters International Associ- Total Number of Challenged Votes- Total number of ballots counted... 25 23 0 For the GRANITE CUTTERS INTERNATIONAL ASSN., of America, St. Cloud Branch: For the NORTH STAR GRANITE Co.: /s/ GUSTAVE SELL FLOYD BOOKEY. /s/ CHAS. J. HEMBERGER. /s/ OTTO ABRAHAM. Agent of Acting Regional Director, National Labor Relations Board: /s/ JAMES M. SHIELDS. N. L. R. B. EXHIBIT No. 368-B To: Robert J. Wiener, Director, Eighteenth Region. Subject: ROCHESTER DAIRY, Case No. XVIII-C-130. MAY 2, 1938. We are in receipt of your memorandum of April 28, 1938 enclosing a certification of results of the election conducted by you in the above-named case. However, there has been no petition filed in this case, and we are, therefore, at a loss to understand why you conducted a consent election therein. The same applies to certificate you sent us in the North Star Granite Co. case (XVIII-C-170) about a week or so ago. E. S. F N. L. R. B. EXHIBIT No. 368-C MAY 4, 1938. To: E. S. Frankfurter. From: Robt. J. Wiener, 18th Reg. This is in answer to your May 2nd memorandum with reference to elections conducted under collective bargaining charges. We were advised by Mr. Wolf, at the time he was Secretary of the Board, that it was entirely proper to conduct a consent election under 8 (5) charges where the issue of the union's majority was in doubt. You may be interested to know that we have scheduled elections which will be conducted this week at a number of other granite companies in the St. Cloud area. Sincerely, W/w N. L. R. B. EXHIBIT No. 368-D MAY 9, 1938. To: Robert J. Wiener, Director, 18th Region. Subject: Elections, Rochester Dairy, Case No. XVIII-C-130; North Star This will acknowledge receipt of your May 4th memorandum. Will you, in the first place, send us the date and a copy of the advice from Mr. Wolf to which it refers? Furthermore, we should like to know why ro petition should be filed where questions as to majority are involved. If there is demonstrable majority, why is there need for an election to determine it, in rder to bolster up an 8 (5) charge? On the other hand, where an 8 (5) charge as been filed, and subsequently an election-whether by consent or otherwiseas determined the bargaining agency, and the failure to bargain continues none he less, it would seem that if no new charges were filed at least the original charge f failure to bargain would have to be amended to show the latter violation. In short, it would appear that the 8 (5) charge first filed on the conviction of a laimed majority should have been withdrawn if subsequently the fact of majority ad been established, or at least held in abeyance until after the election, which pparently seemed necessary, was held. May we please hear from you in this matter? E. S. F. N. L. R. B. EXHIBIT No. 368-E REGIONAL OFFICE, 18TH REGION Week ending August 20 & 27, 1938 WEEKLY REPORT ON PENDING CASES Case No. XVIII-C-170. Name of Company: North Star Granite Company. Address of company Name of Union Date (petition) received. (Charge) Section of act involved Action taken during week; giving dates of letters written and received, conferences held, etc. 8-23. Director at Duluth and discussed case with A. F. of L. organizer, who reported that the men had apparently withdrawn from the union, and there was nothing the union could do, and that he had written to the A. F. of L. Director of Organization, who had agreed that the charges should be dropped. Present status of case: Awaiting withdrawal of charges. DEAR SIR: The local branch of the Granite Cutters does not at this time wish to press collective bargaining with North Star Mon. Sales-Royal Liberty and wish therefore to withdraw all charges against these companies. With kindest regards, I am Fraternally yours /s/ E. R. PETERSON, Sec. N. L. R. B. EXHIBIT No. 369 MONTGOMERY WARD N. L. R. B. EXHIBIT No. 369-A This is an agreement made by and between the Montgomery Ward and Company of St. Paul, Minnesota, Montgomery Ward's Employes' Union of Saint Paul, and the United Mail Order and Retail Workers of America, affiliated with the C. I. O. for the purpose of determining the terms under which an election will be held among the Mail Order employees of the Saint Paul House of the said Company (Including the Retail Pool) for the purpose of determining their representative to act as the sole bargaining agency of the Mail Order employees at Saint Paul (including the Retail Pool) in collective bargaining with the employing company. The terms and conditions which will govern the conduct of the election are as follows: 1. This election is to be conducted under the supervision of the Acting Regions Director for the Eighteenth Region of the National Labor Relations Boari, a conformity with the rules and regulations and applicable decisions of the Board. except as may be specifically provided below. 2. The election will be held on Thursday, July 1st, 1937, between the hours of 7:30 in the morning and six in the evening. Anyone who is present at the polling place at the closing hour will be permitted to vote, provided he is otherw eligible. 3. The balloting will take place at 1455 University Avenue, St. Paul, Minn, across University Avenue from the Retail Store of Montgomery Ward ard Company. 4. Except for Divisional Merchandisers, Watchmen, operating supervisors. ledger payroll, department heads, Regional retail office, Secretary to Mgr. three (3) Time Study Engineers, and any other employees on Supervision Payn whom both Unions shall agree are ineligible, all mail order employees at the St. Paul House of Montgomery Ward and Company (including the Retail Pock who were on the payroll as of June 18, 1937, will be eligible to vote in this election 5. Employees on vacation, who appear at the polls and are otherwise eligible, will be entitled to vote. 6. To assist the Acting Regional Director in the conduct of the election each of the two labor organizations named above will appoint four tellers to act for them in identifying the voters and certifying the fairness of the conduct of the electot and to certify the results. 7. The tellers shall have the privilege of challenging the eligibility to vote of any voter in accordance with the terms of this agreement. 8. It is agreed that all challenged votes shall be segregated from the other ballots cast, and placed in sealed envelopes. After the votes have been counted, and if the inclusion of the challenged votes (if all were counted for one side or the other) were possibly to alter the rest, then it will be necessary to determine the validity of the challenged votes and the eligibility of the voters. This determination shall be made by an arbiter to be selected within five days after the election by the Acting Regional Director The arbiter so selected may hold hearings and summon witnesses and require the giving of evidence and testimony. Within five days after such hearing, the arbiter shall notify the Acting Regional Director of his decision, and the Acting Regional Director shall then open the challenged ballots and add them to th already counted, after which he shall announce the results. 9. It is agreed, and the Acting Regional Director is hereby authorized ard directed to make such rules and regulations as may be necessary for the propET conduct of the election, such as provisions respecting electioneering, intimidation of voters, secrecy of the ballot, etc. 10. The questions to be put to the voters on the ballot are to be worded se follows: "I desire Montgomery Ward's Employes' Union of Saint Paul, Minn, to set as my exclusive agent in collective bargaining;" and "I desire United Mail Order and Retail Workers of America, Affiliated with the C. I. O., to act as my exclusive agent in collective bargaining. 11. The majority of the valid votes cast shall determine the result of the eleetion, and the labor organization which receives the majority of the valid votes cast shall be the exclusive and sole collective bargaining agency for the employees of the company who are employed in the Montgomery Ward and Company Mal Order House at Saint Paul (including Retail Pool). 12. The company hereby agrees to bargain collectively with the labor organi zation which is selected as the sole collective bargaining agency for the Sust Paul Mail Order Employees (including Retail Pool) by this election, and agres collectively to bargain with that organization for its St. Paul Mail Order Emplovees, (including Retail Pool) to the exclusion of any other labor organization 13. As soon as received, the company will prominently display the notices of election on all of the shop bulletin boards. These will be furnished by the Acting Regional Director. Signed at Minneapolis on June 25, 1937 for MONTGOMERY WARD'S EMPLOYEES UNION OF ST. PAUL. President /s/ C. E. AUSTIN, UNITED MAIL ORDER AND RETAIL WORKERS OF AMERICA, /s/ GEORGE COLE. MONTGOMERY WARD AND COMPANY, Manager /s/ L. L. FOOTT. N. L. R. B. EXHIBIT No. 369-B To: National Labor Relations Board. SEPTEMBER 7, 1937. Subject: Montgomery Ward & Company, Case Nos. XVIII-C-86, XVIII-R-69. The charge in this case has been withdrawn by the Regional Director for the CIO because of insufficient evidence. He has since requested that the CIO be permitted to withdraw from the representation aspects of the case. The petition in this case was filed by the plant union. You will recall that the company repudiated its consent agreement on July 1 and that a hearing on the representation aspects was scheduled for July 28 and postponed at the request of the organizer. The CIO leadership among the employees in this plant has changed its affiliation to the A. F. of L. Mr. Cole, the CIO Regional Director, who withdrew the CIO from the case, states that the only motive he can discover is political, in that the organizers are socialists and that he believes the socialists have decided to oppose the CIO. Last week, the plant union committee was in this office and strongly urged that the representation case be reset for hearing. I am communicating with the A. F. of L. but they have just begun their organizing and do not have a majority of the employees at the present time. At the same time, the plant union is aggressively pressing at this time that the adjourned hearing on the representation case be reset and heard. Since the charge no longer offers any hindrance for doing so, please advise me what I should do. Very truly yours, RJW:lb (Motion for permission to withdraw petition In the matter of Montgomery Ward & Co., case No. 12-R-69, was received in evidence, marked "N. L. R. B. Exhibit No. 369-C", and is on file with the committee.) (Order Permitting Withdrawal of Petition in the above case was received in evidence, marked "N. L. R. B. Exhibit No. 369-D," and is on file with the committee.) RE MONTGOMERY WARD BOTH PETITIONING UNION AND INTERVENING UNION WISH PETITION WITHDRAWN AM ADJOURNING HEARING. 218054-41-vol 24. pt. 2- -71 WIENER, Minneapolis. N. L. R. B. EXHIBIT No. 370 WILSON & Co.-18-C-136 N. L. R. B. EXHIBIT No. 370-A To: Lee Loevinger, Regional Attorney, 18th Region. NOVEMBER 18, 1939 Before proceeding with contempt action in the above-named case, I would Lee to ascertain with certainty, the truth of the statements in the affidavits that the notice posted by the respondent remained on the bulletin boards for only one week If necessary, I suggest that you contact company officials on this matter. For your information, contempt has been authorized by the Board, and we are ready to proceed immediately upon receiving the information requested above. M. F. H. N. L. R. B. EXHIBIT No. 370-B [Postal Telegraph] NOVEMBER 24, 1939-12 noon. Day Letter Government Rate-Official Business Mr. H. W. EASTWOOD, General Manager, Wilson & Co., Inc. Albert Lea, Minnesota. Will appreciate opportunity to have conference with you in your office in Albert Lea Monday or Tuesday afternoon, November 27 or 28, at about 2:45 or other time convenient to you. Please reply which day best suits your convenience, or whether another time would be better. Thanks. LEE LOEVINGER, Attorney, National Labor Relations Board. N. L. R. B. EXHIBIT No. 370-C [Western Union] 1939 Nov 24 PM 4 56 AL89 TWS Paid 3 XC WUX Albert Lea, Minn. 24 451P Attorney Natl Labor Relations Board New Post Office Blds., Mpls., Minn. Answering your telegram very sorry but will be away from office and tied up on other important matters virtually all of next week perhaps we can arrange conference after this time if you desire. WILSON AND Co. Inc., H. W. EASTWOOD, General Manager. Mr. Lee LOEVINGER, N. L. R. B. EXHIBIT No. 370-D WILSON & Co. Inc. PACKERS AND PROVISIONERS ALBERT LEA, MINN., November 25, 1939. Attorney, National Labor Relations Board, New Post Office Building, M.neapolis, Minnesota. DEAR SIR: Referring to our exchange of telegrams of November 24th. It you have a matter that pertains to any of our Labor Board cases, we suggest that you communicate directly with our Legal Department in Chicago rather than await the time when we could get together for a conference. Yours very truly, HWE: MB |