The Examiner then called attorney Kegler and asked him to come up for a conference in the afternoon. At the conference he was advised of the results of the Examiner's investigations which indicated that neither union represented an undisputed majority on October 1, 1938. Kegler is willing to post a cease and desist notice and plans to see Secretary Vandeleur and try to get him to consent to an election. Failing in this, he will inform Vandeleur that the contract is no longer in force. Furthermore, he will negotiate no contract until the question of representation is cleared up. It should be pointed out that this contemplated action of Kegler's regarding the contract was not at the Examiner's suggestion. HEK:GC (s) H. E. KNOWLTON. Memo for File N. L. R. B. EXHIBIT No. 406-F Northern Packing Corporation XX-C-536, XX-C-312 OCTOBER 31, 1938. J. Justin Kegler and Geo. Christo, for the respondent, called. They had just talked with Vandeleur and he had agreed to consent to an election to be conducted by the Board. The Examiner confirmed this by phone. The Company officials wanted a conference for this afternoon in order that details could be settled and an agreement reached so the boats could bring them fish in the morning. A tentative date was made for 2 o'clock subject to confirmation later, if the CIO officials agreed. It was nearly 2 o'clock before Woolf of the Alaska Cannery Workers Union #5 could be reached. When informed that the AFL had agreed to an election, Woolf appeared none too willing to agree, as he feels that the former must think that it can win one. A tentative date for a meeting at 10 o'clock tomorrow was decided upon which was confirmed by phone by the Company and the AFL. Later Woolf phoned that Attorney Gladstein, who would represent the Alaska Cannery Workers Union #5, could not meet until Thursday, November 3, at 10 o'clock. The postponement was agreed upon by both Company and AFL. 1. The Northern Packing Corporation, hereinafter referred to as the Corporation, will open its plant at Pier 92, San Francisco, California, on Monday, November 14, 1938. 2. An election shall be held on December 2, 1938, as provided by a separate agreement prepared by the National Labor Relations Board. 3. Preference of employment with the Corporation shall be given to the employees who are declared in said separate agreement to be eligible to vote at said election. Said employees shall be returned to their respective jobs as soon as needed. 4. Minimum hourly rates of pay of employees of the Corporation shall be: Women packers- 556 576 60¢ All classifications of work shall be raised in pay as follows: 4¢ per hour for women, and 5¢ per hour for men. 5. The working day of employees of the Corporation shall be 8 hours within any continuous 24-hour period. Time and one-half the regular rate of pay shall be paid for work in excess of the 8-hour period and also for Sundays and holidays. Reduction plant workers shall not receive time and one-half for Sundays but shall receive time and a half for any seventh consecutive working day, holidays and all time in excess of any eight hours within a twenty-four hour period. 6. All other conditions of employment shall be as of the last working day, October 4, 1938. 7. The contract of September 29, 1938, between the Corporation and Fish Cannery Workers Union, Local 21365, shall be suspended in accordance with a cease and desist notice to be posted by the company, said cease and desist notice to be prepared by the National Labor Relations Board. 8. United Fish Workers Association, Local 165, U. C: A. P. A. W. A. will notify the United Fishermen's Union of the Pacific that the Corporation is no longer on the Unfair List. 9. For the first 3 days of operation, the Corporation shall permit a representative of the A. F. of L. and a representative of the C. I. O. to be present as checkers at time of reemployment of the aforementioned employees. 10. In the event of any contemplated discharge, the Corporation agrees to take the matter up with the Union to which the worker belongs before making such discharge, and make bona fide efforts to settle the matter amicably. 11. The Agreement for Consent Election, the list of regular employees attached to said agreement, and the Cease and Desist Notice, all attached hereto, are hereby approved and made a part of this Memorandum Agreement. 12. Copies of this Memorandum shall be posted on the premises of the Corporation, as well as the Cease and Desist Notice. Dated: November 14, 1938. NORTHERN PACKING CORPORATION, By (s) J. JUSTIN KEGLER, Secretary. FISH CANNERY WORKERS UNION, LOCAL 21365, A. F. OF L., By (s) AGNES TUOTO, Secretary. UNITED FISH WORKERS ASSOCIATION, LOCAL 165, C. I. O., By (s) M. MCGRATH, Secretary. N. L. R. B. EXHIBIT No. 406-H AGREEMENT FOR CONSENT ELECTION IT IS HEREBY AGREED by and between the NORTHERN PACKING CORPORATION, hereinafter referred to as the Corporation, and the United Fish Workers Association Local #165, affiliated with the C. I. O., and Fish Cannery Workers Union Local No. 21365, affiliated with the A. F. of L. hereinafter called the Unions, that: 1. An election shall be held to determine whether the eligible employees as specified below, desire to be represented by either of the above Unions as their exclusive bargaining agent for the purpose of collective bargaining with the Corporation as to wages, hours of work and other conditions of employment, or by neither. 2. Said election shall be conducted by Alice M. Rosseter, Regional Director for the Twentieth Region of the National Labor Relations Board, hereinafter referred to as the Regional Director or her designated agent, and shall be in accordance with the National Labor Relations Act, and the Rules and Regulations, Series 1, as amended. The election shall be conducted at the plant of the Corporation at Pier 92, San Francisco, California, on December 2, 1938, from 9 A. M. to 12:00 Noon and 1 to 5 P. M. 3. All maintenance and production employees of the Corporation who worked on five or more days between September 15 and October 4, 1938, as shown on the attached list, shall be eligible to vote in said election. Workers who, prior to date of election, have quit or have been discharged for cause shall not be eligible to vote. Any dispute concerning the eligibility of a particular employee or challenged ballots shall be decided by the Regional Director or her designated Agent in accordance with the National Labor Relations Act and said Rules and Regulations, Series 1, as amended. 4. Both the Corporation and the Unions shall cooperate fully with the Regional Director in the conduct of said election. The Corporation shall furnish the payroll list and any other information needed by the Regional Director for the conduct of said election. Employees will not lose pay for time spent in voting. 5. The Corporation agrees to recognize the Union which receives a majority of the ballots case in said election as the exclusive bargaining representative of all eligible employees, as specified above; and, upon request, to bargain collectively with such exclusive representative; and to endeavor in good faith to reach a satisfactory working agreement with such Union as to wages, hours and other conditions of employment. Dated this 14th day of November, 1938. UNITED FISH WORKERS ASSOCIATION, LOCAL 165, C. I. O., FISH CANNERY WORKERS UNION, LOCAL 21365, A. F. L., By (s) AGNES TUOTO, Sect'y. NORTHERN PACKING CORPORATION, By (s) J. JUSTIN KEGLER, Sec. N. L. R. B. EXHIBIT No. 406-I NOTICE TO EMPLOYEES OF NORTHERN PACKING CORPORATION u are hereby notified that: The Northern Packing Corporation and its officers and agents will not in nanner interfere with, restrain or coerce its employees in the exercise of their 3 to self-organization, to form, join or assist labor organizations, to bargain etively through representatives of their own choosing, and to engage in conId activities for the purposes of collective bargaining and other mutual aid otection. The Northern Packing Corporation and its officers and agents will not encouror discourage membership in C. I. O. United Fish Workers Association, Local 165; in A. F. L. Fish Cannery Workers Union, Local No. 21365; or any other r organization of its employees, by discharging, threatening to discharge, or sing to reinstate any of its employees, or refusing to hire any applicants for loyment, or discriminating in any other manner against them in regard to or tenure of employment or any term or condition of employment. The Northern Packing Corporation has notified its foremen and other ervisory employees to cease and desist from interfering with, restraining or rcing its employees in any of the ways set out in paragraphs 1 and 2. . This notice will be posted in conspicuous places throughout the plant and . remain posted until the day of election, December 2, 1938. NOVEMBER 14, 1938. NORTHERN PACKING CORPORATION, By J. JUSTIN KEGLER, Sec. N. L. R. B. EXHIBIT NO. 406-K NATIONAL LABOR RELATIONS BOARD, TWENTIETH REGION ace: San Francisco me: Dec. 2, 1938 CERTIFICATION ON CONDUCT OF ELECTION The undersigned acted as agent (or agents) of the Regional Director and as uthorized observers or watchers, respectively, in the conduct of the balloting n Dec. 2, 1938 at Pier 92, fire station, San Francisco, in the election held among ertain maintenance and production workers of Northern Packing Corporation. We hereby certify that the balloting above referred to was fairly conducted; hat all eligible voters were given an opportunity to vote their ballots in secret; nd that the ballot boxes were protected in the interest of a fair and secret vote. Organization: UNITED FISH WORKERS ASS'N. #165, C. I. O. (s) PATRICK. Observers: N. L. R. B. EXHIBIT No. 406-L NATIONAL LABOR RELATIONS BOARD, TWENTIETH REGION Place: San Francisco Date: Dec. 2, 1938 CERTIFICATION ON COUNTING AND TABULATION OF BALLOTS The undersigned were present during the counting and tabulation of ballots with regard to the election among: Certain maintenance and production workers of Northern Packing Corporation held fire station, pier 92, San Francisco. We hereby certify that the ballots were fairly and accurately counted and tabulated, that the secrecy of the ballots was maintained, and that the results of said counting and tabulation are as follows: Number of votes for: United Fish Workers Ass'n. #165, C. I. O. Number of votes for: Fish Cannery Workers Union #21365 A. F. L.. Number of votes for neither _ _ _ Total Number of Ballots Counted: Number of challenged ballots.. ORGANIZATION: United Fish Workers Ass'n #165 C. I. O. Observers: 56 30 ORGANIZATION: Fish Cannery Workers Union #21365, A. F. L. Observers: Ida Westfall (s), Florence Nelson. NATIONAL LABOR RELATIONS BOARD, BY: H. E. Knowlton (s). N. L. R. B. EXHIBIT No. 407 POST INTELLIGENCER N. L. R. B. EXHIBIT No. 407-A (Received March 27, 1939.) NATIONAL LABOR RELATIONS BOARD, March 24, 1939. To: John T. McTernan, Regional Attorney, 20th Region. DEAR JOHN: I was away from. the office when your memorandum arrived and did not return until today. I appreciate very much the manner in which your office handled the matter. Since receiving your memorandum the company has agreed to full reinstatement for Miss Hoover and the Guild reports she is going to accept the officer. I presume the burden of the legal department in the twentieth region will be lightened by the disposal of the matter in this way. With kindest personal regards, I am, Sincerely yours, TPG:lat (s) TOMMY. N. L. R. B. EXHIBIT No. 407-B Re: William Randolph Hearst et al., Case No. C-795. 8th Avenue & 56th Street, New York, N. Y. DECEMBER 18, 1939. DEAR MR. HEARST: On November 25, 1939, a letter was addressed to you in the above-entitled matter, inadvertently leaving this office unsigned, which read as follows: "On the basis of reports submitted to the Board by Mr. Elwyn J. Eagen, Regional Director for the Nineteenth Region, the Board has come to the conclusion that the steps you have taken constitute compliance. This being so, the Board is contemplating no further action for the present unless it is brought to its attention that you are not complying with the negative portions of its Order." This letter is being sent in place thereof. Very truly yours, BMS:RGK BEATRICE M. STERN, (Decision and Order In the Matter of William Randolph Hearst et al. was received n evidence marked "N. L. R. B. Exhibit No. 407-C," and is on file with the Committee.) (Decision of United States Circuit Court of Appeals for the Ninth Circuit In the Matter of National Labor Relations Board v. William Randolph Hearst et al. I was received in evidence, marked "N. L. R. B. Exhibit No. 407-D," and is on file with the committee.) N. L. R. B. EXHIBIT NO. 408 RED RIVER LUMBER Co. N. L. R. B. EXHIBIT No. 408-A SEPTEMBER 27, 1937. Re: XX-C-195 Meadow Valley Lumber Co., Red River Lumber Company (new charge). GROSSMAN & GLADSTEIN, Mills Building, San Francisco, California. GENTLEMEN: We are returning herewith the original and one copy of the charge and supplemental charge filed by you in the above matters. Neither of these charges is notarized and this must be done before they can be accepted by this office. In addition we must always be furnished with the original and three carbon copies of new charges, so will you please see that this is done with regard to the Red River Lumber Company charge. We have also found that the old name of the union was inadvertently used in drawing up the supplemental charge for the Meadow Valley Lumber Co. case and we have, therefore, corrected this. We have retained in this office the additional carbon copies of this supplemental charge. We are sending these to you by messenger and it would expedite matters if you will return them in the same manner. Enc. Very truly yours, N. L. R. B. EXHIBIT No. 408-B NOVEMBER 2, 1937. Memo for file. Red River Lumber Co., (XX-R-122). I talked with Mr. St. Sure on the phone, asking if there were any new develop ments in the above matter. He said he knew of none except that Mr. Walker had given the I. U. E. notice of the termination of their contract. He didn't know when, or what response had been received. He has wired Wolf about the case, asking an early election and Walker has been almost "frantic" because he is getting deeper and deeper into trouble as more layoffs are made. Walker has also contacted the Board. I advised him of the proceedings in Portland concerning which he seemed to be already well informed. I suggested that I would consider the possibilities but believed if a verified petition for an ad interim order were filed the Board could perhaps make some order. He said that would be fine-anything to give Walker something to hang his hat on. J. P. J.:hp J. P. J. |