Again on January 8, 1937, he stated in a similar letter, 'The indicated t recognition of the Offshore Licensed Officers' Association by the Nations. Las Relations Board will develop the amazing progress the Association has P. a short time.' "As the Board suspected that there was no basis in fact or otherwise fren statements, on February 18, 1937, the Board, through its Chairman, J. W.Madden, addressed a communication to Captain Topp directing his atten to these misleading statements and asking for a prompt explanation of wha basis he may have had for such statements. Chairman Madden also recret that if no basis existed for his making these statements, the Board expecta immediate public acknowledgement of the false and misleading use of its 21for Captain Topp's own purposes. "Captain Topp has neither acknowledged the Board's letter nor has be mas the public retraction requested. Consequently, as a member of the Nata Labor Relations Board, I take this opportunity of stating publicly th Board has never in any way indicated its approval of Captain Topp (“ organization he is attempting to establish. If the Offshore Licensed (s Association is a bona fide labor organization and is entitled under the Ne Labor Relations Act to speak for the licensed personnel of United States merchar vessels, that fact may be determined in regular procedure under the provs of the National Labor Relations Act. The attempt of any individual, for own purposes, to formulate and disseminate the impression that this deter tion has been made in advance of an investigation and a hearing by the Bar must be condemned." Mr. E. S. NEAL, N. L. R. B. EXHIBIT No. 394 AMERICAN OPTICAL CO. N. L. R. B. EXHIBIT No. 394-A AMERICAN OPTICAL COMPANY, 25 Kearny St., San Francisco, Calif., December 17, 19, National Labor Relations Board, 1095 Market Street, San Francisco, California DEAR MR. NEAL: I understand from my telephone conversation with yout's the last obstacle to an immediate solution of the labor trouble has to do # assurance of employment to one former employee of Jenkel-Davidson Ort. 2 Company. It is my understanding that Mr. Walter Jenkel has assured man of reemployment to continue at least until January 1st. Realizing that this is a rather insecure assurance, I have promised Mess Pace and Thormelin that in the event that Buttenkamp's employment wi Jenkel-Davidson did terminate on January 1st, I would guarantee that for American Optical Company would offer him, or secure for him an offer, of antir position equally satisfactory. Very truly yours, GSJ:AA AMERICAN OPTICAL COMPANY. (S) Geo. S. Johnston. N. L. R. B. EXHIBIT No. 394-B Received Jan. 4, 1937. SF Regional Labor Bd. Mr. E. S. NEAL, Nat, Labor Relations Board, Twentieth Region, 1095 Market Street, San Francisco, Calif. DEAR MR. NEAL: The Optical Technicians' Union, Local No. 18791, wish ta thank you for your whole hearted cooperation in forcing the following firms to meet with our men: American Optical Company, Riggs Optical Company, fornia Optical Company, Jenkel-Davidson Optical Company, John F. Wooster Company, and Trainor Parsons Optical Company. Call asmuch as these firms met with our committee sooon after you called on them, wish to withdraw the charges we have sworn against them. hanking you again for your able assistance, we are Yours very truly, ise No. XX-C-58. Date Petition OPTICAL TECHNICIANS' UNION, /s/ SAMUEL E. PACE, S. Pace, President. N. L. R. B. EXHIBIT NO. 394-C NATIONAL LABOR RELATIONS BOARD REGIONAL OFFICE, 20TH REGION Week ending Jan. 9, 1937 CASES CLOSED Name of Company: Riggs Optical Co. received, 12-7-36. Date case closed, 1-4-37. etailed report as to action taken to close case 1-4 Letter from union expressing tisfaction re settlement and requesting withdrawal of charge. Letter to union osing case and again requesting copy of Memo of Terms. Adjusted case report › NLRB. 1-5 Letter to company re withdrawal of charge, satisfactory settleient, etc. Received copy of Memo of Terms agreement. If intermediate report is issued or agreement entered into, main terms of report r agreement. See copy of Memo of Terms agreement attached. 1. In the employment of additional employees where, in the opinion of the mployer, two men are of equal ability, preference in employment will be given o the resident of San Francisco or the Bay area. 2. No employee shall be discriminated against because of affiliation or nonaffiliation with any labor organization. 3. There may be one apprentice or learner in each factory unit irrespective of che number of journeymen mechanics employed, and the ratio of one apprentice or earner to each four journeymen or fraction thereof shall be preserved. Bench rooms and surface rooms are to be considered as separate units in the meaning of this paragraph. 4. Forty-four hours shall constitute a standard work week, provided, however, there shall be no increase in the working hours of those shops now working less than forty-four hours per week. 5. Overtime shall be paid for at the rate of time and one half, or the option of two weeks vacation with full pay; when the two weeks vacation is accrued in lieu of overtime, overtime will then be computed after eighty hours in any one year. 6. The following hours shall be observed without deduction in pay: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 7. Minimum wages shall be as follows: The above minimum wages do not apply to superannuated or handicapped employees. 8. Any problem arising in regard to the interpretation of this resolution shall be referred to the Labor Relations Committee of the Optical Dealers' Association of California for adjustment, its decision to be final and binding. N. L. R. B. EXHIBIT NO. 395 BETHLEHEM SHIPBUILDING CO. N. L. R. B. EXHIBIT No. 395-A MARCH 31, 1956. Mr. HENRY EICKHOFF, JR. Mills Building, San Francisco MY DEAR MR. EICKHOFF: I wish to confirm our telephone conversation of tha morning in which I told you that the Board has designated you to act as Tra Examiner in the Bethlehem Shipbuilding case (XX-C-8). The hearing is scheduled for April 9 and will be held in San Francisco, although the exact pa has not yet been decided upon. Will advise you as the decision is made. Thanking you for consenting to act as Trial Examiner in this matter, I EL Very truly yours, ALICE M. ROSSETER, wg N. L. R. B. EXHIBIT No. 395-B APRIL 4, 1936. Mr. HENRY EICKHOFF, JR. San Francisco, California. DEAR MR. EICKHOFF: Enclosed is copy of Notice of Change of Place of Heart: g in the matter of Bethlehem Shipbuilding Corporation, Ltd. and Industrial Unon of Marine and Shipbuilding Workers of America, Local No. 7, Case No. XX-C× Very truly yours, Enclosure ALICE M. Rosseter, Regional Director N. L. R. B. EXHIBIT No. 395-C [Telegram] APRIL 7, 1936 A. M. ROSSETER, Director, National Labor Relations Board, 20th Region, 1095 Market Street, San Francisco, California. Bethlehem shipbuilding has applied for injunction Supreme Court District of Columbia Stop Please send out notices postponing hearing scheduled for April ninth until further notice. NATIONAL LABOR RELATIONS BOARD. N. L. R. B. EXHIBIT NO. 395-D UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD, TWENTIETH REGION In the matter of Bethlehem Shipbuilding Corporation, Ltd. and Industrial Union of Marine and Shipbuilding Workers of America, Local No. 7. Case No. XX-C-8 ORDER DISMISSING COMPLAINT The charge in the above-entitled matter having been withdrawn pursuant to Article II, Section 1 of the Rules and Regulations of the National Labor Relations Board, Serial 1, as amended, the complaint based on said charge, issued on March 28, 1936, is hereby dismissed, without prejudice. Dated the 28th day of February, 1938. (signed) ALICE M. ROSSETER, Regional Director for the Twentieth Region [SEAL] N. L. R. B. EXHIBIT NO. 396 CALIFORNIA STATE BREWERS N. L. R. B. EXHIBIT No. 396-A JANUARY 18, 1939. e: California State Brewers Institute et al, Case No. XX-C-378 NTERNATIONAL UNION OF UNITED BREWERY, FLOur, Cereal, AND SOFT DRINK WORKERS OF AMERICA, c/o P. H. McCarthy, Jr., 518 Balboa Building, San Francisco, California. GENTLEMEN: Please refer to my letter of January 7, 1939, advising you of our efusal to issue a complaint in the above entitled matter. It has come to my attention that you are not aware of the fact that the statenent in my letter that "Our investigation reveals that the unfair labor practice eatures of the case are not sufficiently strong to warrant the issuance of a complaint by this office" is a purely formal statement used in all cases in which we refuse to issue a complaint. This will further advise you that our refusal to issue a complaint in this matter is not a binding adjudication of the merits of this case and is without prejudice. Yours very truly, JPJ:G ALICE M. ROSSETER, Regional Director. N. L. R. B. EXHIBIT No. 396-B JANUARY 7, 1939. Re: California State Brewers Institute et al., Case No. XX-C-378. c/o P. H. McCarthy, Jr., 518 Balboa Building, San Francisco, California. GENTLEMEN: Your charge against California State Brewers Institute, et al., charging violation of Section 8 (1) of the National Labor Relations Act, has been duly investigated. Our investigation reveals that the unfair labor practice features of the case are not sufficiently strong to warrant the issuance of a complaint by this office. I must therefore refuse to issue a complaint in this matter. Pursuant to the National Labor Relations Board Rules and RegulationsSeries 1, as amended, Article II, Section 9, you may obtain a review of this action by filing a request therefor with the National Labor Relations Board in Washington, D. C., and by filing a copy of such request with me. Very truly yours, MB: hs ALICE M. ROSSETER, Regional Director. cc National Labor Relations Board, Washington, D. C. N. L. R. B. EXHIBIT No. 396-C DECEMBER 15, 1938. Re: In the matter of the California State Brewers' Institute et al., Case No. XX378-C. To the NATIONAL LABOR RELATIONS BOARD, SAN FRANCISCO OFFICE, Grant Building, San Francisco, California. (Attention: Mrs. Alice Rosseter, Regional Director) GENTLEMEN: Since the filing of said complaint, Mr. P. H. McCarthy, Jr., had eccasion to discuss with General Paul B. Malone the attitude of the California State Brewers' Institute with regard to said complaint, at which time General Paul B. Malone stated that as far as he was concerned, the California State Brewers' Institute and its members would do nothing toward changing their system of delivery and discharging their drivers until the National Labor Relations Board acted. "Let us find out." he said, "if the A. F. of L. or the Labor Board is going to run things". That since that time, between November 7th and November 26th of th_- m General Paul B. Malone stated to Martin Christen, Secretary Joint Lab E 1– tive Board and Secretary of Local Union No. 227 of the International UE. United Brewery, Flour, Cereal, and Soft Drink Workers of America: "I alliance with the late Michael Casey and Johnnie McLaughlin that be Malone) would have no more contracts with the Brewery Workers until a was handed down by the National Labor Relations Board" and stated f that he still had “power” to change the delivery system of the members c California State Brewers' Institute. Copy of Mr. Christen's affidavit is attached hereto, made a part heres of marked Exhibit "A". It is apparent, therefore, that the position of the California State B*** Institute and its member breweries has not changed since the filing of sali ev plaint, No. XX378-C, with the National Labor Relations Board and that same unfair labor practice is continuing and continues at the present tine We respectfully request that the complaint in this matter be issued as possible. Very truly yours W. H. METSON, P. H. MCCARTHY, Jr., Attorneys for the International Union of United Brewery, Encl. STATE OF CALIFORNIA City and County of San Francisco, ss: MARTIN CHRISTEN being duly sworn deposes and says: That he is Secretary of the Joint Local Executive Board of the Internatera" Union of United Brewery, Flour, Cereal and Soft Drink Workers of America and Secretary of Beer Drivers' Local No. 227 of the International Union of Uzet Brewery, Flour, Cereal and Soft Drink Workers of America. That subsequent to the passage of the Fair Labor Standard Act of 1938: Waz and Hour Law), to wit: from November 7th up to and including November 2 1938, a series of conversations were had between your affiant and Paul B. Makre Administrator of the California State Brewers' Institute, relative to the app. tion of said Fair Labor Standard Act of 1938 to the hours and wages of the th ployees of the members of the California State Brewers' Institute engaged in the delivery of the products of said members of said California State Brewers' Institute That during said conversations, the said Paul B. Malone as Administrator of said California State Brewers' Institute acting on behalf of its said members, informed your affiant that he could not and would not enter into any contract or any agreement regarding said wages and hours or do anything which might be construed as a contract or as negotiating with your affiant or the Internationa. Union of United Brewery, Flour, Cereal and Soft Drink Workers of America and said: "I made an alliance with the last Michael Casey and Johnnie McLaughle that he would have no more contracts with the Brewery Workers until a decisión was handed down by the National Labor Relations Board", and the said Psai B Malone further stated that if your affiant should insist too strenuously upst negotiating and reaching what might be construed as a contract that he, the sad Paul B. Malone, still had the authority to change the system of distribution. That said threat to change such system of distribution is the basis of sad complaint made by the International Union of United Brewery, Flour, Cereal and Soft Drink Workers of America in the matter of California State Brewers' Insttute, et al, Claim No. XX378-C, before the National Labor Relations Board. Further your affiant sayeth not. (signed) MARTIN CHRISTEN Subscribed and sworn to before me this 15th day of December 1938. [SEAL] (signed) FLORA HALL, Notary Public. In and for the City and County of San Francisco, State of California. |