; after dis 3. Number of workers reinstated after strike or lockout: iminatory discharge: 4. Amount of back pay: $250.00 Number of workers ceiving back pay: 1. If so, was If so, Attach Did parties enter into collective bargaining negotiations? written collective bargaining agreement entered into? opy. If collective bargaining agreement not in writing, set forth main terms, 5. Was notice posted? Yes. If so, Attach Exact Copy. How long posted? ) days. Does notice cover Section 7 of Act? Yes. Section 8 (1)? Yes. ection $ (2)? Yes. Section 8 (3)? Yes. Section 8 (5)? Yes. 6. Has company furnished proof of compliance? See supra. If so, Attach opy. Has union furnished confirmation of compliance? See supra. ttach Copy. If so, 7. Does adjustment completely dispose of all allegations in charge? Yes. If ot, give explanation. Subject: Ohio Valley Bus Co. Huntington, W. Va. IX-C-772. On Monday Feb. 27 a conference was held with Mr. F. W. Sawworth president of the company, in an effort to obtain compliance in this matter. I requested the reinstatement of Ward and Hetzer and work for some other men. Mr. Sawworth said he would get in touch with me to give me an answer. On Monday March 6 another conference was held with Mr. Sawworth on this matter. He requested a few more days to think the matter over. Finally a conference was arranged for Friday March 10. At this time some definite action should be noted. A conference was held with Mr. Gee McCaffrey this afternoon. He still believes the Board should and will give the men a hearing and includes the four earlier discharges in his list of pending matters. It was extremely difficult to convince him that nothing could be done for these men. I promised once again to make a special plea for Grover Adkins. This evening Mr. Sawworth called and stated that Friday morning would be satisfactory. During the course of the day he went to great trouble to provide me with information about flowers. I would like to believe that this interest and desire to be helpful is no more than the eagerness of a man with a hobby. To impugn one with ulterior motives on this count would be bad, but I will watch myself. To: File. N.L.R.B. EXHIBIT NO. 391-AD INTER-OFFICE COMMUNICATION NATIONAL LABOR RELATIONS BOARD From: Philip G. Phillips. NOVEMBER 14, 1938. Subject: Ohio Valley Bus Co., IX-C-772. Conference, Regional Director, all officials of the union, and Mr. Meek and others representing the company. Company is absolutely unwilling to do anything. It developed that even though they offered the union at the last meeting an arbitration provision, when pressed they said they felt that if they found any matter that was worth arbitrating, they would do so later. I told the company I would be forced to take formal action unless by Wednesday of next week they would submit a plan. The union is willing to drop the entire matter if the company will arbitrate cases. PHP P. G. P. N. L. R. B. EXHIBIT No. 391-AE Re: Ohio Valley Bus Company IX-C-772 Mr. JOHN H. MEEK, NOVEMBER 7, 1938 1200 First Huntington Nat'l. Bank Bldg., Huntington, W. Va. DEAR MR. MEEK: Thanks for yours of the 4th. Let's get going. Yours very truly, PGP:GG PHILIP G. PHILLIPS, Regional Director. N. L. R. B. EXHIBIT No. 391-AF VINSON, THOMPSON, MEEK & SCHE Huntington, West Virginia, November 4th, 1438 Ohio Valley Bus Co.-Labor Matter. Mr. PHILIP G. PHILLIPS, Regional Director, National Labor Relations Board, Enquirer Building, Cincinnati, Ohio. DEAR MR. PHILLIPS: I have yours of the 3rd instant requesting a reply to y recent letter suggesting a conference at your office. I am sure you had not ceived my letter of November 2nd when your letter was written. I sincerely hope that you do not feel that I am being dilatory in this matte I assure you that I am doing the very best I can and shall notify you somet next week suggesting a date for a conference with you. Very truly yours, JHM/ns JOHN H. MEEK DEAR MR. MEEK: I would appreciate a reply to my recent letter. I a perfectly willing to adopt a conciliatory attitude in all these cases but when they begin to drag I am forced to feel that more formal action on your part should e taken. Yours very truly, 1200 First Huntington National Bank Bldg., Huntington, W. Va. DEAR MR. MEEK: I am in receipt of a communication from Mr. Anderson ... which he states that while some progress was made, he did not feel that any sate factory conclusion resulted from the conferences you had with him. Don't you think it might be a better idea if we arranged for a joint confererer between you and the union committee in Cincinnati to see if the entire matter could not be disposed of? Yours very truly, PGP GF PHILIP G. PHILLIPS, N. L. R. B. EXHIBIT No. 391-AI VINSON, THOMPSON, MEEK & SCHERR, io Valley Bus Company-Labor matter. r. PHILIP G. PHILLIPS, Regional Director, National Labor Relations Board, Enquirer Building, Cincinnati, Ohio. DEAR MR. PHILLIPS: I thank you for your letter of the 1st instant. I have a letter from Mr. Rolla E. Anderson advising that he is too much tied ɔ at this time to come down for a conference but will do so later and that he ill advise me as soon as he can get to the matter. Very truly yours, HM-ns JOHN H. MEEK. N. L. R. B. EXHIBIT NO. 391-AJ OCTOBER 1, 1938. Re: Ohio Valley Bus Company. JOHN H. MEEK, Esq., Vinson, Thompson, Meek and Scherr, Huntington, W. Va. DEAR MR. MEEK: Thanks for sending me a copy of your letter of September 28 to Mr. Anderson. I hope the matter works out for the benefit of all concerned. I would appreciate hearing from you when your conference is over. Meanwhile, I will not take any further action. Yours very truly, PHP GF PHILIP G. PHILLIPS, Regional Director. N. L. R. B. EXHIBIT NO. 391-AK Ohio Valley Bus Co.-Labor matter. 11 East New England Avenue, Worthington, O. DEAR MR. ANDERSON: As you are already aware, there are two labor organizations among the employees of the Ohio Valley Bus Company of which company I am one of the principal stockholders, a director and vice-president and general counsel. One of the organizations is local and the other is affiliated with the American Federation of Labor. There are a few matters in connection with the relations between the company and the A. F. of L. organization that I would like very much to discuss with you. If you are going to be down this way soon, please let me know, or if you care to make a special trip in connection with the matter, I shall be pleased to have you do so. I hope you will give me as many days in advance of your coming as is convenient to you, so that I may make arrangements to be here to meet you. I am out of town so much and frequently tied up so badly that I necessarily have to make my appointments some time in advance. Very truly yours, JHM/ns Copy to: Mr. Philip G. Phillips, Cincinnati, Ohio. JOHN H. MEEK. 218054-41-vol. 24, pt. 2- -78 N. L. R. B. EXHIBIT No. 391-AL Re: Ohio Valley Bus Company, IX C 772. Mr. R. E. ANDERSON, Worthington, Ohio. SEPTEMBER 26, 1938 DEAR MR. ANDERSON: I had a lengthy conference with Mr. Meek regarding the above entitled matter. I was unable to persuade him to take the boys ba to work. However, he agreed that he would write you immediately and arrange for a conference at which time he would set up with you machinery for the adjustment of grievances between your members and the company. I think that this would be quite a factor in itself and I am anxiously awaiting the outcome. Yours very truly, PGP GF To: The file. From: P. G. P. PHILIP G. PHILLIPS, N. L. R. B. EXHIBIT NO. 391-AM INTER-OFFICE COMMUNICATION NATIONAL LABOR RELATIONS BOARD SEPT. 24, 1938. Subject: Ohio Valley Bus, IX C 772. Conference Mr. Meek who still maintains that there were no discharges for union activities for the reasons stated in his letter. He agreed, however, to meet with Anderson to set up a method for the adjustment of grievances. N. L. R. B. EXHIBIT NO. 391-AN SEPTEMBER 21, 1938 Re: Ohio Valley Bus Company. JOHN H. MEEK, Esq., Vinson, Meek and Scherr, 1200 First Huntington National Bank Bldg., Huntington, W. Va. DEAR MR. MEEK: This will confirm appointment arranged for in my office on Saturday, September 24, at 9:30 A. M. Yours very truly, PHILIP G. PHILLIPS, Regional Director. PGP GF N. L. R. B. EXHIBIT No. 391-AO SEPTEMBER 20, 1938. Re: Ohio Valley Bus Company. Vinson, Meek & Scherr, 1200 Huntington National Bank Bldg., Huntington, DEAR MR. MEEK: I am in receipt of a report from Mr. Brin, our field examiner indicating that a complaint should be issued against your client. I have carefully gone through the affidavit which Mr. Brin has supplied, me, together with his report of his conversation with you and feel that the situation is serious enough to warrant your conferring with me at your earliest convenience. Yours very truly, PGP GF PHILIP G. PHILLIPS, To: PGP. N. L. R. B. EXHIBIT NO. 391-AP INTER-OFFICE COMMUNICATION Subject: Ohio Valley Bus Company, Huntington, W. Va. SEPTEMBER 19, 1938. I spent considerable time today with Mr. Meek of the firm of Vinson, Thompson, Meek and Scherr, attorneys, 2nd National Bank Building, Huntington, West Virginia, in an effort to bring about a settlement of the case wherein the Amalgamated Association of Electric Street Railway and Motor Coach Employees of America, Local No. 1171, charge the above company with violation of the Act under Section 8 (1) and (3). Although I pointed out to Mr. Meek that Ward's case was in our opinion air tight, and that Hetzer's case as well was meritorious, he told me that the company would not under any circumstances reemploy Ward unless they were ordered to do so. Hetzer case he knew nothing about, and naturally so, since I only got the charge from the union a matter of two days ago myself. In regard to him he stated that he would investigate and would give consideration as soon as the company advised him of the details regarding Hetzer. Under the circumstances I advised Mr. Meek to come to Cincinnati to see you. This he agreed to do, but I very strongly urge that you write Mr. Meek one of your best letters urging him, in your way, that he should pay you a visit. I gave Meek an inkling of what evidence I had. I know that he was dumfounded when I told him that Meyerson had completely and categorically denied that Ward ever had scared in to death or had driven his bus like a madman while he was a passenger thereon. INTER-OFFICE COMMUNICATION NATIONAL LABOR RELATIONS BOARD SEPTEMBER 19, 1938. To: PGP. From: Brin. Subject: Ohio Valley Bus Company, Huntington, W. Va. At the time the attached report was first written, yesterday, I had not received the evidence confirming that the company was favoring company union men and disregarding its older employees, the majority of who are members of the Amalgamated, in giving them special trips, such as hauling base ball and foot ball teams, charter parties for picnics, conventions, and the like. Prior to the union movement the reverse was the situation, according to my informants. These special trips are sought after, because it takes the drivers away from the humdrum work of driving the same route over and over. But attractive to them is the fact that they get their expenses paid on these junkets and, although they may not drive but a few hours they receive pay the same as they would if they were on their regular routes. Neither are the Amalgamated men getting the work of breaking in new drivers as they once did. This should be considered with the rest of the evidence and there is plenty of it attached. In closing, I wish to express regret at the voluminousness of the material. It is necessarily so because the company's reasons themselves were at great length. Because of the nature of the case it was necessary for me to attack every item of reason given by the company for discharging Ward. In the case of Hetzer, I say little. I refer you to his statement alone. It seemed useless to confer with any person regarding the veracity of his statement, because anyone I might see regarding it is a member of the independent union. The attitude of these members is well known. I recommend, also, that you read the statement of Norman Maxwell, one of the two men who reported Ward for talking to him about unionism in violation to company rules. By doing so I think you will agree that Maxwell is a stooge, as is Leighty, the other driver who conversed with Ward and then told on him. |