builders and Helpers, the International Brotherhood of Blacksmiths, Drop Forgers and Helpers and the International Brotherhood of Electrical Workers jointly as the exclusive representative of all its employees in the appropriate unit in respect to rates of pay, wages, hours of employment or other conditions of employment: (c) Post notices in conspicuous places throughout all divisions of the production, pipe line, absorption plant, refinery, and automotive departments stating that respondent will cease and desist in the manner aforesaid, and (2) that such notices will remain posted for a period of at least thirty (30) consecutive days from the date of posting; and (d) Notify the Regional Director for the Twenty-first Region in writing within ten (10) days from the date of this order what steps respondent has taken to comply herewith. 5. The petition for investigation and certification of representatives, filed by the Welders International Association, is hereby denied. Signed at Washington, D. C., this 24th day of May, 1937. (Decision And Certification of Representatives In the Matter of Northrop Corporation, Case No. R-185, was received in evidence, marked "N. L. R. B. Exhibit No. 417-Z," and is on file with the committee.) We read your report in this case. You state that you will not issue a certificate of representation even though the employers have conceded that the Association represents the majority of the ship and dock foremen employees. We are at a loss to understand why any question of certification should have arisen. In the first place, a Regional Director has no authority to issue certifications of representatives. Secondly, in a case where the employers have conceded representation to a certain group it would seem that there remains no controversy concerning representation, and for this reason also no certification of representatives should be issued. Sincerely yours, bw/f N. L. R. B. EXHIBIT No. 418-B NATIONAL LABOR RELATIONS BOARD, January 14, 1937. MEMORANDUM To: National Labor Relations Board. From: 21st Region, Los Angeles. This matter appears to be a jurisdictional dispute. A group of 62 ship and dock foremen outside of the ILA petitioned the International for a charter which was granted but not installed as the local chapter of the ILA protested. It appears that there are from 15 to 30 ship and dock foremen, members of the ILA, and some 40 to 60 members of this newly formed Ship and Dock Foremens' Association. 218054-41-vol. 24, pt. 2——86 The ILA claims that the Ship & Dock Foremens' Association is a company union but do not wish to prefer charges against the employers at this time. Nothing will be gained by holding an election and I am reasonably certain that the ILA would refuse to work with the members of the Ship and Dock Foremens' Association even though they might be certified as a collective bargaining representative by the National Labor Relations Board. In view of the fact that the maritime strike is on, this dispute cannot, in any way, be construed as interfering with interstate commerce. Consequently I recommend to the Board that the petition be denied and the case be dismissed on the grounds that there does not appear to be any controversy affecting commerce surrounding this case. The Board need not send its order to each of the companies involved but may confine itself to sending a copy of the order to Mr. F. J. McGowan, Outer Harbor and Wharf Company, San Pedro, California. We are closing this case, marking it referred to the Board. TN:V TOWNE NYLANDER, Director. N. L. R. B. EXHIBIT No. 418-C JANUARY 14, 1937. Mr. LLOYD JENSEN, Secretary-Treasurer, Ship & Dock Foremens' Association, 885 Santa Cruz St., San Pedro, California. DEAR SIR: Please be advised that I have this day recommended to the National Labor Relations Board, Washington, D. C., that no proceeding be instituted in the matter of Outer Harbor Dock & Wharf Company, et al, and Ship & Dock Foremens' Association, docketed as case XXI-R-41, which arose out of your petition for investigation and certification, filed in this office December 28, 1936. Feel free to communicate directly with the Board regarding this letter. To: National Labor Relations Board. Subject: Outer Harbor, Wharf & Dock Co., XXI-R-41. Please do not take the action on this case recommended in my letter of January 14, 1937, as the petitioners, have this date, requested that they be permitted to withdraw their petition, as per attached copy of their letter. N. L. R. B. EXHIBIT No. 419 TOWNE NYLANDER MOTION PICTURE PRODUCERS AND OPERATORS [Copy] INTER-OFFICE COMMUNICATION NATIONAL LABOR RELATIONS BOARD, To: William R. Walsh, Regional Attorney, 21st Region. Date, March 17, 1939. Mr. Smoot has been very busy trying a case and I told him I would write again concerning the Motion Picture Operators Union situation. The motion picture operators here keep calling us up to know what we have learned about your case on the chance that it will help us see our way to accepting charges here. How did you get the connection between employers and the union? How did you secure evidence that William Bioff, the union representative, had received the sum of $1,000 and other gifts? We have the same situation here in that the union is run by the international president and his personal representative, but we cannot charge an employer with that unless we can prove that the representative was in the pay of the employers. There is evidence here that a legislator by the name of Brady and another man extorted money from the employers, but we have no evidence that it went to the union representatives. There is no question that the majority of the members of the union are willingly members of the union, but the gang in charge has been gradually introducing its own friends into the union and favoring them with the best jobs, penalizing all persons who are trying to reintroduce democracy into the local and requesting that their autonomy be returned. The Central Trades and Labor Union of St. Louis has requested William Green to restore authority to the local union and its original members. Mr. Green replied that the matter had been referred to George Browne, international president of the motion picture operators. Any relevant information from your case would be greatly appreciated. The local of the motion picture operators have applied to the courts for a receivership and the return of the local to its original members. If they fail in this, they will certainly come back to us. DdeS:CM. /s/ D. de S. D. de S. (Order Permitting Withdrawal of Petition In the Matter of Motion Picture Producers Ass'n, Case No. 21-R-170, was received in evidence, marked "N. L. R. B. Exhibit No. 419-B," and is on file with the committee.) N.L.R.B. EXHIBIT NO. 419-C NATIONAL LABOR RELATIONS BOARD, JUNE 17, 1937. To: National Labor Relations Board. Subject: Motion Picture Producers Assn., XXI-R-170, 280 inv. Attached hereto please find copy of a letter from the Makeup Artists, Local #731, requesting the withdrawal of the petition in this case. The matter has been satisfactorily adjusted and we recommend the Board grant the request. We are closing the case as of this date marking it adjusted. Encl. TOWNE NYLANDER, Director. Copy of letter 6/16/37 Adjusted case report. Dr. TOWNE NYLANDER, JUNE 16, 1937. 745 Pacific Electric Bldg., Los Angeles, Calif. DEAR SIR: Please permit us to withdraw our petition directed against the Motion Picture Producers Association as through your very expeditious action the entire matter has been satisfactorily adjusted, the strike settled and two thousand men returned to work. We may, however, in the future request you to conduct a vote if the I. A. T. S. E. and our International fail to satisfactorily adjust our status. Very truly yours, MAKEUP ARTISTS #731, affiliated with INTER- /s/ BERT C. HADLEY, Pres. (Certification of Representatives, Supplemental Decision and Order In Matter of Metro-Goldwyn, Mayer Studios, Cases Nos. R-402 to R-420, was ceived in evidence, marked "N. L. R. B. Exhibit No. 419-D," and is on file w the committee.) (Decision and Direction of Election in the above case was received in evidence, marked "N. L. R. B. Exhibit No. 419-E," and is on file with the committer N. L. R. B. EXHIBIT NO. 419-F [Copy] JULY 2, 1937. To: Dr. Towne J. Nylander, Subject: Metro-Goldwyn-Mayer Studio, et al., XXI-R-149 to 158; XXI-R-;;2 to 182. We have received your memorandum of June 28th and suggest that you send us a report on this matter with some statement of exactly what part the petitioners play in the making of the films. You may also indicate whether the question of representation is not so clear that it would be worth while to proceed on an § 3 charge instead of a representation case. N. L. R. B. EXHIBIT NO. 420 DOUGLAS AIRCRAFT CO., INC. N. L. R. B. EXHIBIT No. 420-A [Telegrams] From: CF/HB Bureau: National Labor Relations Board Chg.: Appropriation NLRB Official Business, Government rates. Mr. DAVID PERSINGER, National Labor Relations Board, 745 Pacific Electric Building, Los Angeles, California. AUGUST 14, 1937. Re Douglas memo August eleventh suggest refrain participating in proposed settlement but that if union and company reach settlement satisfactory to thi you state to the trial examiner that question of preceeding with Board heara will depend upon submission settlement to Board for its approval and hear £ should be recessed pending Board consideration Stop Trial examiner una * dispose of the case by dismissal because all his rulings subject review by Ba which could reopen and reinstate complaint Stop If settlement mace respondent and union submit it here with your and Nylander recommendati CHARLES FAHY N. L. R. B. EXHIBIT No. 420-B To: Towne J. Nylander, Director 21st Region. AUGUST 19, 1937. Subject: Douglas Aircraft Co. Inc., XXI- C--183 and XXI- C220. We have Mr. Persinger's memoranda of August 11 and 12 concerning the in ge tion by the Trial Examiner in these cases of a movement for the dismissal criminal indictments and the reinstatement of the "B" list employees with d back wages. The Board is very much interested in the situation and would like to À: * what has happened since Mr. Persinger last wrote. Your feeling that the case should be transferred to the Board has been nofol but the Board wishes to observe what happens before transferring the cas Will you please, therefore, let us have a full report on developments since Apro particularly with relation to anything that may have been done to dismiss '* criminal indictments. From BW ra Bureau N. L. R. B. EXHIBIT No. 420-C Chg. Appropriation NLRB [Telegrams] Official Business, Government Rates Dr. TOWNE NYLANDER, National Labor Relations Board, Pacific Electric Building, Los Angeles, California: JULY 19, 1937. Re MGM airmailing you order authorizing investigation and hearing Must have immediate report from you and McNitt regarding Douglas hearing Impossible to understand why any case should take more than two months NATIONAL LABOR RELATIONS BOARD. AIR MAIL N. L. R. B. EXHIBIT No. 420-D [Copy] AUGUST 11, 1937. To: National Labor Relations Board, 21st Region Subject: Douglas Aircraft Co. Inc., XXI-C-183 & XXI-C-220. This afternoon Trial Examiner McNitt called all attorneys on record, with the exception of the attorney for the company union, into a closed conference with the understanding that all that went on therein be highly confidential. Mr. McNitt made the following suggestion: That he personally, not as agent of the Board, contact the District Attorney of Los Angeles County, and suggest that in consideration of a settlement of the 8 (3) charge in the Board's case the terms of the settlement to be agreed upon by union and respondent-the District Attorney's office dismiss its criminal indictment for conspiracy to trespass, against about 21 C. I. O. members, most of whom are complainants in this case. Counsel for respondent stated that respondent would take no part in the dismissal of the criminal indictments, but that respondent would probably be able to reach an agreement with the union on the 8 (3) charge. The present status of the complainants who are seeking reinstatement is that many are already back at work and, of course, without back pay; that yesterday on the witness stand Mr. Douglas stated all on the "B" list attached to the complaint which include those strikers who did not return to work after the strike, would be returned to work immediately upon application at the plant. Mr. Douglas accepted the two men on the "B" list who are now under indictment, which in effect includes them on the "38" list, which is list "A" attached to the complaint. Back wages, of course, will not be paid. Counsel for respondent further said that as to the "38" list, which consists of the names selected by the company out of the name of those originally indicated, said persons on the "38" list being those persons whom the company regards as the leaders in the sit-down strike. Trial Examiner McNitt asked my opinion. I told him that I did not approve of the idea because I felt that the action of the Trial Examiner, whether official or unofficial, in requesting dismissal of the criminal indictments, would bring undue criticism on the Board, and further; that under the circumstances, I did not feel free, even at the request of the union, to dismiss the complaint as to the 8 (3) charge, without first consulting the Board. I further suggested that it is not the Board's policy to compromise cases but only to secure full compliance with the Act. I informed Mr. McNitt that in my opinion, he was without authority on his own motion to dismiss the complaint. Mr. McNitt disagrees with me on this, and I think it not unlikely that if his proposal is consummated, he may dismiss the complaint of his own motion, in the event that for some reason I should refuse to so move. The union seems to look favorably upon the suggestion by reason of the fact that it will result in the dismissal of the prosecution against a number of its |