N. L. R. B. EXHIBIT NO. 378 MIDWEST CARBIDE N. L. R. B. EXHIBIT No. 378-A EDMUND M. TOLAND, Esquire, MAY 28, 1940 General Counsel, Special Committee to Investigate the National Labor Relations Board, 535 Old House Office Building, Washington, D. C. DEAR MR. TOLAND: This will acknowledge your letter of May 23, regarding administration of oaths by field examiners. You request to be advised if the Board has issued any instructions to field examiners or employees of the Board authorizing them to administer oaths during the course of an investigation being made. You There have been no instructions which I believe cover this precise matter. are no doubt familiar, however, with the provisions of the statute on the subject and the provisions of Article IV of the Rules and Regulations of the Board. Yours very truly, CF:MEF N. L. R. B. EXHIBIT No. 378-B General Counsel. RULES AND REGULATIONS-SERIES 2 AS AMENDED. Article IV.-Designation of regional directors, examiners, and attorneys as agents of the board. SECTION 1. All Regional Directors now or hereafter in the employ of the Board are herewith designated by the Board as its agents: (a) To prosecute any inquiry necessary to the functions of the Board, in accordance with Section 5 of the Act. (b) To investigate concerning the representation of employees (including the taking of secret ballots of employees) and conduct hearings in connection with such investigations, in accordance with Section 9 (c) of the Act. (c) To issue and cause to be served complaints, to amend complaints, and to conduct hearings upon such complaints, in accordance with Section 10 (b) of the Act. (d) To have access to and the right to copy evidence, to administer oaths and affirmations, to examine witnesses, and to receive evidence, in accordance with Section 11 (1) of the Act. SECT. 2. All Examiners now or hereafter in the employ of the Board are herewith designated by the Board as its agents: (a) To prosecute any inquiry necessary to the functions of the Board, in accor 1ance with Section 5 of the Act. (b) To investigate concerning the representation of employees (including the taking of secret ballots of employees), in accordance with Section 9 (c) of the Act. (c) To have access to and the right to copy evidence, and to administer oaths and affirmations, in accordance with Section 11 (1) of the Act. SECT. 3. All attorneys now or hereafter in the employ of the Board are herewith designated by the Board as its agents: (a) To prosecute any inquiry necessary to the functions of the Board, in accordance with Section 5 of the Act. (b) To investigate concerning the representation of employees (including the taking of secret ballots of employees) and conduct hearings in connection with such investigation, in accordance with Section 9 (c) of the Act. (c) To amend complaints issued under Section 10 (b) of the Act and to conduct hearings upon complaints issued in accordance with Section 10 (b) of the Act. (d) To have access to and the right to copy evidence, to administer oaths and affirmations, to examine witnesses, and to receive evidence, in accordance with Section 11 (1) of the Act. SECT. 4. The foregoing designations shall not be construed to limit the power of the Board to make such special designation of agents as may in its discretion be necessary or proper to effectuate the purposes of the Act. N. L. R. B. EXHIBIT No. 379 N. L. R. B. EXHIBIT No. 379-A FEB. 2ND, 1940. In re: Ford Motor Co., XVIII-C-271. 354 Security Bldg., Minneapolis, Minn. DEAR MR. HELSTEIN: This will acknowledge your letter of Feb. 1st, 1940, requesting permission to withdraw the charge in the above entitled matter, without prejudice. That request is herewith granted. I I am also enclosing herein a copy of the letter being sent today to the company involved. We do not contemplate taking any further action in this matter. trust that this answers your inquiry. Yours very truly, LEE LOEVINGER, Acting Regional Director. LL w N. L. R. B. EXHIBIT No. 379-B FEB. 2ND, 1940. In re: Ford Motor Co., XVIII-C-271. FORD MOTOR Co., 966 So. River Blvd., St. Paul, Minn. DEAR SIR: This is to advise you that the charges in the above matter have been withdrawn, without prejudice, by the charging party. Yours very truly, LL W LEE LOEVINGER, Acting Regional Director. N. L. R. B. EXHIBIT No. 379-C UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD 18th Region In the Matter of Ford Motor Company, Minneapolis, Minn. and United Automobile Workers Local #125. XVIII-271. November 25th, 1938 AMENDED CHARGE Pursuant to Section 10 (b) of the National Labor Relations Act, the undersigned hereby charges that Ford Motor Company, St. Paul, Minnesota, has engaged in and is engaging in unfair labor practices within the meaning of Section 8, subsections (1) and (3) of said Act, in that the Ford Motor Company, a corporation hereinafter denominated the employer acting by and through its officers and agents did on or about the 7th day of November, 1938, dismiss one Harry H. Klingelhoets and one Einar Nelson, and on the 11th day of November, 1938, did dismiss one Alfred Olson, and did on or about the 14th day of November, 1938, dismiss one Harry Whiting, employees employed at the Minneapolis shop of the said employer. 2. That the said Klingelhoets, Nelson, Olson and Whiting were discharged by the said employer for the reason that they were members of, and active in the United Automobile Workers Union, Local #125, a labor organization. That the dismissal of the said Klingelhoets, Nelson, Olson and Whiting were effected by the said employer for the purpose of intimidating their other employees, and to discourage their other employees from exercising the rights guaranteed them in Section 7, of the National Labor Relations Act. 3. That the dismissal of the said Klingelhoets, Nelson, Olson and Whiting was effected by the employer for the purpose of discriminating against the said Klingelhoets, Nelson, Olson and Whiting in regard to the tenure of their employment, and for the purpose of discouraging membership in a labor organization. 4. That the said employer has refused and does now refuse to reinstate the sa Klingelhoets, Nelson, Olson and Whiting in their former positions. 5. That the said employer is engaged in interstate commerce within the meaning of the National Labor Relations Act. The undersigned further charges that said unfair labor practices are unfas labor practices affecting commerce within the meaning of said Act. Name and address of person or labor organization making the charge. T made by a labor organization, give also the name and official position of person acting for the organization.) RALPH L. HELSTEIN, Atty. for United Automobile Workers Union Local #125, 354 Security Subscribed and sworn to before me this 23 day of November, 1938 at Minne [SEAL] My commission expires Sept. 9, 1942. (Folder labelled "18th Regional Staff Encomia" was received in evidere marked, "N. L. R. B. Exhibit No. 452", and is on file with the Committee. A list of the documents contained therein follows: ) 18th REGION STAFF Encomia 8/6-7/1938: Record of 19th Annual Convention of South Dakota State Federstion of Labor, Mitchell, South Dakota. I. H. Helander, Secretary-Treasurer. 7/19/1940: Letter to Robert J. Wiener signed by Jack H. Hagadorn, Edwin Westman and John Sershon. 7/8/1940: Letter to Robert J. Wiener from Paul Lee, Field Rept. Steel Workers Organizing Committee, St. Paul, Minnesota. 11/15/39: Letter to Robert J. Wiener from A. E. Hubbard, Org., Clinton, Iowa. 10/12/39: Letter to Robert J. Wiener from Rose E. Seiler, Bus. Rep. Sterographers, Bookkeepers, Typists and Assistants Union #17661, Minneapolis Minn. 9/25/39: Letter to Howard W. Smith, Chairman, from Barre Robellard, Genera. counsel. 4/27/1939: Letter to Robert Wiener from Frank McCarty, Director District $3. Packinghouse Workers Organizing Committee. 3/11/1940: Letter from H. B. Betty, Betty & Betty, Davenport, Iowa to Robert J. Wiener. 3/6/1940: Letter to Robert J. Wiener from M. J. Levinson, Berg Sales Co., Minneapolis, Minn. 11/3/39: Letter to Robert Wiener from Carl Kuel, Chairman, Iowa State Drivers Council, Team and Truck Drivers, Helpers and Warehouse Men, Local #90. Des Moines, Ia. 10/17/39: Letter to Robert J. Wiener, from A. W. Rader, I. B. of T. C. S. and Helpers, Local 767, Keokuk, Iowa. 10/12/39: Letter to Robert J. Wiener from Rose E. Seiler, Bus. Rep. Stenographers Bookkeepers, Typists and Assistants Union Minneapolis Local No. 17661. Minneapolis, Minn. 6/5/39: Letter to Robert J. Wiener from Floyd L. Case, International Rep Amalgamated Meat Cutters and Butcher Workmen of North America, affiliated with A. F. of L. 1/23/39: Letter to Robert J. Wiener from Leo B. Barrett, Pres. and Bus. Agt Bakery and Confectionery Workers, Local #433. 1/19/39: Letter to Robert J. Wiener from Leroy Jones, Federal Labor Union No 20878, Clinton, Iowa. 12/20/38: Letter to National Labor Relations Board, Minneapolis, Minn. from Willmar General Drivers & Helpers Union Local #851, Willmar, Minn. signed by Clarence Netland, Pres. and Rueben Ellison, Sec. 12/17/1938: Letter to Robert J. Wiener from Dan E. McIver, Duluth, Minn. 11/8/38: Letter to Robert J. Wiener from Don Harris, Committee for Industrial Organization, Des Moines, Iowa. 10/22/38: Letter to Robert J. Wiener from Albert Stonkus, Utility Workers Organizing Committee of the CIO, New York. 9/19/38: Letter to Robert J. Wiener from H. A. Brandtjen, of Brandtjen & Kluge, Inc., St. Paul, Minn. 8/15/38: Letter to Robert J. Wiener from A. B. Hastings, Continental Banking Company, Des Moines, Ia. 8/22/38: Letter to Robert Wiener from Sifford and Wadden, Attorneys at Law, Sioux City, Iowa. 8/16/38: Letter to Mr. Wiener from A. F. Hudson, President. Teamsters, Chauffeurs and Helpers Union, Local No. 120, St. Paul, Minn. 7/20/38: Letter to Robert Wiener from A. F. Brooker, General Manager, St. Paul Hydraulic Hoist Co., Minneapolis, Minn. 7/12/38. Letter to Robert J. Wiener, from David Sigman, Organizer, American Federal of Labor, Milwaukee. 4-25-38: Letter to Robert J. Wiener, from Floyd Coverston, Bus. Agt. General Drivers and Warehouse Employees Local Union No. 581, Grand Forks, N. Dak. 3/30/38: Letter to Robert J. Wiener, from J. E. Pyle, General Manager Armour and Company, West Fargo, N. D. 1/29/38: Letter from Henry Paull, Lawyer, to National Labor Relations Board, Minn. Minn. 11/19/37: Letter to National Labor Relations Board, Minn., Minn. from Elmer Williams, St. Paul, Minn. 9/14/37: Letter to Mr. Robert Wiener, from C. E. Arnold, Sec. Civic and Commerce Association, Montevideo, Minn. 3/17/39: Resolution signed by Harold N. Koenig, Pres. L. U. 1646 of C. & J. of A., and Arthur E. Hubert, Secretary, L. U. 1646, U. B. of C. & J. of A. 10/17/37: Letter to Thurlow Smoot from I. H. Helander, South Dakota State Federation of Labor, Aberdeen, S. D. 1/13/40: Letter to NLRB, Attention Lee Loevinger, from Louis S. Goldberg, Sioux City, Iowa. 5/9/38: Letter to George O. Pratt from John T. Lindsay, Bedford, Indiana. 4/1/39: Letter to NLRB, Washington, D. C. from W. W. Murray, Pres. N. Dak. State Fed. of Labor, Fargo, ND. 9/25/39: Letter to Mr. Wiener from Warhouse Employees Union, James Bartlett and The Dayton Co. by Lloyd M. MacAloon, Labor Relations Rep. 7/14/39: Letter to NLRB, James M. Shields, from John Arvidson, Rec. Sec. Glaziers L. U. 1324, Minn. 9/13/38: Letter to Daniel House, from Ed. Early, Sec. Treas. Chauffeurs, Teamsters and Helpers Union 650, Waterloo, Ia. 9/13/1938: Letter to Robert J. Wiener, from Ray S. Sours, Secy. Treas. Waterloo Typo. Union No. 349, Waterloo, Iowa. 4/3/1940: Letter to Homer H. Gruenther from H. W. Brown, Inter. Asso. of Mach. Washington, D. C. 6/1/39: Letter to Herbert J. Vogt, Field Examiner from A. A. Couch, President, Ia. State Fed. of Labor, Des Moines, Ia. 1/13/38: Letter to Robert J. Wiener from Roy Phillips, Bus. Agt. Chauf. Teams. & Helpers Union #277, Watertown, S. Dak. 5/19/1939: Letter to Herbert J. Vogt from A. A. Couch, Des Moines, Iowa. 10/1/37: Letter to Robert Wiener from D. E. Hahn, Pres. Minot Cent. Labor Union, Minot, N. Dak. 8/19/39: Letter to Robert J. Wiener from R. F. Smith, Pres. Local #1039, Cedar Rapids, Iowa. 10/16/37: Letter to Robert J. Wiener from Geo. A. Hormel & Co. Austin, Minn. 8 18/38: Letter to Joseph Madden, from George Faunce, New York City. 12/15/37: Letter to Robert J. Wiener from M. H. Greenberg, Eveleth, Minn. 3/27/39: Letter to Robert Wiener from Frank McCarthy, Dis. # 3, Packinghouse Workers Org. Committee, Des Moines, Iowa. 8/19/39: Telegram to Herbert J. Vogt, Minn., Minn from E. D. Schultheis. 11/12/38: Letter to Robert Wiener from Vernon Dale, ACWA, Dubuque, Iowa. 10/24/40: Letter to Robert J. Wiener from Aaron E. Kruger, Watertown, S. Dak. (N. L. R. B. Exhibits Nos. 380-391, 450 and 451 were received as N. L. R. B. supplement to Ex ** introduced into evidence in Volume 24, Part I, August 1, 1940 } I appreciate the problem you are confronted with in this case and I do bot believe that I can submit more than a curbstone opinion because of the mute number of facts at hand. You haven't told me whether or not anybody was refused employment after the lay off, what is left of the union organization or how important it is to the community and to the industry that we proceed to a hearing in this case. From the facts as you supplied them, my opinion is that * we did proceed to a hearing the best we could get would be an 8 (1) and (5) order If this were sustained in the courts, the court would undoubtedly take the positior that numerous circuits have taken in the past namely that "while the employer may have violated the law by refusing to bargain with the union, it is evident at this time that the union no longer has a majority and that therefore the eart cannot compel the employer to bargain with a minority union." I should like to review the file completely before offering any definite opinion and would appreciate your holding this matter in abeyance until I get to Cincinnati. Incidentally, will you be in Portsmouth Saturday, and if so, where and whet can I meet you? Perhaps we can discuss this matter then. Your suggestion with regard to Armco resting on the settlement and letting the intervenor carry the burden in the 8 (2) case is the procedure that the company has adopted. They are about ready to rest, and the intervenor starts its defer se tomorrow. Hope your health is better and that we can get together on Saturday. O G. N. L. R. B. EXHIBIT No. 380-B To: Mr. P. G. Phillips. OCTOBER 23, 1939. From: 0. Grossman. Subject: Barium Reduction Corporation, IX-C-886. I have read Mr. Wagner's reply to my recommendation in the above estatied matter. I am still of the opinion as set forth in that recommendation, dated September 13, 1939. Prior to the submission of Mr. Wagner's reply, I discussed the case in detai with you and also with Mr. Wagner, and now that he has placed his commerts of the record, I see no need for any additional written comment on my part I shall be glad to discuss the matter again with you if you desire, but I believe it is clear that you have here an honest dispute of opinion. OG:mr To: Mr. P. G. Phillips. From: M. Wagner. N. L. R. B. EXHIBIT No. 380-C OCTOBER 21, 1939 Subject: Barium Reduction Corporation, IX-C-886. I have reviewed Mr. Grossman's recommendation in this matter and would be to submit a supplementary report which I believe will clear up a few of the things mentioned in his report. LABOR RELATIONS HISTORY While it is true that the company first came under the supervision of Mr. J. B Pierce in September, 1938, it is not clear that any fundamental changes in labor relations were made as a result of this change. Since the labor relations history plays no significant part in this case, I do not feel that this point is material. |