as Trial Examiner. parties April 4th. Complaints with notice of hearing on April 20th sent to all Present status of case. Cases number XI-C-16-19-20-22-26 being combined in one complaint and hearing set for all cases for April 20th. XI-R-2 case to be heard at same time. N. L. R. B. EXHIBIT NO. 474-G WHEREAS, a complaint has been filed with the National Labor Relations Board, Eleventh Region, in which it is charged that certain named organizations, including the Chamber of Commerce of Mt. Vernon, Indiana, have engaged in certain unfair labor practices affecting commerce as set forth and defined in the National Labor Relations Act, Approved July 5, 1935, and WHEREAS, the Mt. Vernon Chamber of Commerce has filed its answer to said complaint in which it denied each and every material allegation contained in the complaint so far as they pertain to the Mt. Vernon Chamber of Commerce, and WHEREAS, the Mt. Vernon Chamber of Commerce now denies each and every material allegation contained in said complaint so far as they pertain to the Mt. Vernon Chamber of Commerce. Be it now resolved by the Board of Directors of the Chamber of Commerce of Mt. Vernon, Indiana, convened in Special Session at the Elk's Home in the City of Mt. Vernon, Indiana, this 15th day of April, 1936, that in order to effect a compromise settlement of the charges made against it, the said Mt. Vernon Chamber of Commerce agrees as follows: That it will not in the future, do any of the acts complained of; will not in any way dominate or control the administration of any labor organization, or contribute financial or other support thereto in violation of subsection (2) of Section 8 of the National Labor Relations Act. That it will not interfere with, restrain or coerce employees in the exercise of the rights guaranteed in Section 7 of said Act. That it will use whatever power or control it may have over its members to see that they comply with and obey individually and as members of the Chamber of Commerce the provisions of said National Labor Relations Act, and, That an order may be entered by the Board accordingly. Be it further resolved that William O. Wilson acting as attorney for the Board of Directors be authorized to enter into an agreement in conformity with the provisions of this resolution. (s) Marten W. Smith, Secretary (s) Ira A. Smith, President STATE OF INDIANA County of Posey, ss: Martin W. Smith, being first duly sworn on his oath, says that he is Secretary of the Chamber of Commerce of Mt. Vernon, Indiana, and that as such he keeps the minutes of and has the custody of the records of that organization. Affiant further says that at a Special Meeting of the Board of Directors of the Chamber of Commerce of Mt. Vernon, Indiana, held at the Elks Home in Mount Vernon on the evening of April 15, 1936, with 18 of its 23 members present, the above and foregoing resolution was adopted. And further Affiant saith not. (s) MARTIN W. SMITH. Subscribed and sworn to before me, a notary public, in and for said County and State this 15th day of April, 1936. (s) WILLIAM O. WILSON, My commission expires January 10, 1937. N. L. R. B. EXHIBIT NO. 474-H APRIL 16, 1936. Before In the Matter of Keck-Gonnerman Company, a Corporation, Mt. Vernon, Indiana et al. (cases Nos. XI-C-16, XI-C-19, XI-C-22, XI-C-22, XI-C-26). the National Labor Relations Board, Eleventh Region. NATIONAL LABOR RELATIONS BOARD, Robert H. Cowdrill, Regional Director, Eleventh Region, Indianapolis, Indiana. GENTLEMEN: In the above matter, Keck-Gonnerman Company, Respondent above named, although denying the allegations of said complaint as to said Respondent and without admitting or conceding that it is engaged in interstate commerce or that the National Labor Relations Board has jurisdiction in the premises, and with the express reservation that this communication shall not be in any wise construed as an admission of the truth of any of the allegations of said complaint, in order to co-operate with your Board in disposing of this controversy to the best advantage of all parties in interest, does now hereby propose and express its willingness to reinstate and re-employ within thirty days from the date said complaint may be dismissed as to said Keck-Gonnerman Company (should your Board deem it advisable that said cause as to said Company be dismissed), or sooner if the business of the Company will justify, any of the individuals named in the complaint who may apply to it for re-employment within ten days from the date of said dismissal. Furthermore the said Company and its officers of course, have no objections to and do hereby obligate themselves not to engage in any of the acts charged in said complaint nor in any unfair labor practices as defined and contemplated by the National Labor Relations Act, approved July 5, 1935, either directly or indirectly or in concert with any of the other Respondents, namely, Garment Corporation of America, Chamber of Commerce of Mount Vernon, Labor Conciliators, Incorporated, or either of them, or any other person or persons whatsover; and the Respondent Keck-Gonnerman Company proposes and will post a bulletin in its manufacturing plant incorporating therein a summary of this communication.. Respectfully submitted. KECK-GONNERMAN COMPANY, John Keck, William Gonnerman, William H. Gonnerman, Frank Keck. Louis Keck, By FUNKHOUSER & FUNKHOUSER, N. L. R. B. EXHIBIT No. 474-I Their Attorneys. MOUNT VERNON, INDIANA, April 16, 1936. In the Matter of Chamber of Commerce of Mount Vernon, Indiana, et al (cases NATIONAL LABOR RELATIONS BOARD, Robert H. Cowdrill, Regional Director, Eleventh Region, Before the National Indianapolis, Indiana. GENTLEMEN: Respondent Chamber of Commerce of Mount Vernon, Indiana, denies each and every material allegation contained in the complaint in the above entitled matter so far as they pertain to it, none the less in order to obtain a dismissal of the charges without admitting the truth thereof or the jurisdiction of the Board, Respondent Chamber of Commerce of Mount Vernon, Indiana, agrees as follows: That it will not in the future, do any of the acts complained of; will not in any way dominate or control the administration of any labor organization, or contribute financial or other support thereto in violation of subsection (2) of Section 8 of the National Labor Relations Act. That it will not interfere with, restrain or coerce employees in the exercise of the rights guaranteed in Section 7 of said Act. That it will use whatever power or control it may have over its members to see that they comply with and obey individually and as members of the Chamber of Commerce the provisions of said National Labor Relations Act, and, That an order may be entered by the board accordingly. Attached hereto you will find a resolution of the Board of Directors of Respondent Chamber of Commerce of Mount Vernon, Indiana, authorizing this communication. Very truly yours, N. L. R. B. EXHIBIT No. 474-J REGIONAL OFFICE, 11TH REGION Week Ending April 18, 1936 WEEKLY REPORT ON PENDING CASES Form 531 se No. XI-C-19. Name of Company: Garment Corporation of America. te charge received: Mar. 2, '36. Sections of Act Involved, (1), (2), and (3) n taken during week; giving dates of letters written and received, conferences etc. Settlements made with Board in Keck-Gonnerman and Chamber of merce Cases, and charges to be withdrawn. Expect petition for election to be withdrawn, which will cause the retraction of charges against Garment oration and Labor Conciliators, Inc. Complete report in mail on entire tion. N. L. R. B. EXHIBIT NO. 474-K WEEKLY REPORT REGIONAL OFFICE, 11TH REGION Week ending April 18, 1936 CASES CLOSED (464) Case No. XI-C-23. Name of Company: Garment Corporation of America. Date charge received: Mar. 10, 1936. Date case closed: April 14, 1936. tailed report as to action taken to close case. Regional Director's request to hdraw charges not answered. On April 14th complainant informed that nplaint will not be issued and case is closed. If intermediate report is issued agreement entered into, main terms of report or agreement. N. L. R. B. EXHIBIT No. 474-L WEEKLY REPORT REGIONAL OFFICE 11TH REGION Week ending April 25, 1936 CASES CLOSED Case No. XI-C-16. Name of Company Keck-Gonnerman Company. Date harge received Feb. 1, 1936. Date case closed: April 25, 1936. Detailed report as to action taken to close case. Charges withdrawn as result of ettlement with Board and complaint dismissed April 25th. If intermediate eport is issued or agreement entered into, main terms of report or agreement. Respondent reinstates 12 men allegedly discriminated against and discharged and promises future compliance with the Act. Copy of company's written statement sent to Board April 18th. N. L. R. B. EXHIBIT NO. 474-M WEEKLY REPORT (464) REGIONAL OFFICE, 11TH REGION Week ending April 25, 1936 CASES CLOSED Case No. XI-C-20. Name of company Chamber of Commerce of Mt. Vernon. Date charge received March 2, 1936. Date case closed April 25, 1936. Detailed report as to action taken to close case. Charges withdrawn as result of settlement with Board and complaint dismissed April 25, 1936. If intermediate report is issued or agreement entered into, main terms of report or agreement. Respondent promises in resolution of Board of Directors to comply with the Act. Copy of resolution sent to Board Apr. 18th. N. L. R. B. EXHIBIT No. 474-N NATIONAL LABOR RELATIONS BOARD, 11TH REGION REPORT ON ADJUSTED CASE (523) Case No. XI-C-20. Name of Company Chamber of Commerce of Mt. Vernon. Name of Union. United Garment Workers of America, Local No. 193. Date charge received March 2, 1936. Date case closed April 25, 1936. Sections of Act involved (1) and (2). No. of workers involved 300. Brief summary of allegations made in charge: Interference with employees' right to organize and dominating and supporting a labor organization. Did Regional Office participate in securing agreement between the parties? Yes. Was agreement reduced to writing? Yes. If so, Attach an Exact Copy of Agreement to This Report. If agreement is not writing, set forth its main terms: Written agreement sent to N. L. R. B. on April 18th. Does adjustment covered by agreement, whether written or oral, dispose of all charges? Yes. If not, state reasons for omissions: N. L. R. B. EXHIBIT No. 474-0 NATIONAL LABOR RELATIONS BOARD, 11TH REGION REPORT ON ADJUSTED CASE (523) Case No. XI-C-16. Name of Company: Keck-Gonnerman Company. Name of Union: Central Labor Union of Evansville, Indiana. Date charge received February 1, 1936. Date case closed April 25, 1936. Sections of Act involved (1) and (3). No. of workers involved 165. Brief summary of allegations made in charge. Discriminatory discharge of 18 men and interference with self-organization. Did Regional Office participate in securing agreement between the parties? Yes. Was agreement reduced to writing? Yes. If so, Attach an Exact Copy of Agreement to This Report. If agreement is not in writing, set forth its main terms: Written agreement sent to N. L. R. B. on April 18th. Does adjustment covered by agreement, whether written or oral, dispose of all charges? Yes. If not, state reasons for omissions: Retel Garment Corporation terms of settlement outlined in Cowdrill detailed report dated April eighteenth stop garment workers withdrew charges in view of settlement with Keck Gonnerman and chamber of commerce joint complaint dismissed April twenty fifth NATL LABOR RELATIONS BOARD, Eleventh Region. N. L. R. B. EXHIBIT NO. 474-Q MOUNT VERNON COMPANY-BOARD SUPPLEMENT Reference (Fred S. Galloway), Volume 8, pp. 2146-2149, Hearings Before the Committee on Labor, House of Representatives, 76th Congress, 1st Session, on Proposed Amendments to the National Labor Relations Act. (Complaint In the Matter of Keck-Gonnerman Co. et al, Cases No. 11-C-16, 11-C-19, 11-C-20, 11-3-22, and 11-C-26, was received in evidence, marked "N. L. R. B. Exhibit No. 474-R", and is on file with the committee.) (The Dismissals of Complaints, in the above case, against Chamber of Commerce of Mount Vernon, Keck-Ĝonnerman Co., Garment Corporation of America, and Labor Conciliators, Inc., were received in evidence, marked "N. L. R. B. Exhiits Nos. 474-S, 474-T, 474-U, and 474-V," respectively, and are on file with the committee.) N. L. R. B. EXHIBIT NO. 475 NORTON COAL CORPORATION N. L. R. B. EXHIBIT No. 475-A NATIONAL LABOR RELATIONS Board, DECEMBER 5, 1938. (Received Dec. 17, 1938.) To: Nathan Witt, Secretary. From: Robert H. Cowdrill, Regional Director, Eleventh Region. Subject: Norton Coal Corporation, Nortonville, Kentucky, Case No. XI-C-146. Investigation by J. C. Clark, Field Examiner, and Colonel C. Sawyer, Atty. Report prepared by J. C. Clark. AUTHORIZATION FOR ISSUANCE OF COMPLAINT AND NOTICE OF HEARING is hereby requested in the above case. The original charge was filed June 9, 1937, by the United Mine Workers of America District #23, affiliated with the C. I. O., and alleges unfair labor practices under Section 8 (1), (2), (3) and (5). Other amended charges have been filed, the last amended charge being filed October 25, 1938, alleging violations of 8 (1), (2), (3) and (5) and listing eight discharge cases. If authorized, the complaint will be under Section 8 (1), (2) and (3). The 8 (5) charge is weak. THE COMPANY AND ITS BUSINESS The name and address of the company is Norton Coal Corporation, Nortonville, Kentucky. The place of its incorporation is Kentucky. It is licensed to do business in the State of Kentucky. So far as we know it has no subsidiaries. The company operates two coal mines, one located at Nortonville, Kentucky, (called the Norton Mine), and one located at Illsley, Kentucky, (called the Crabtree Mine). Up until 1936, the company was owned and operated by the Norton Coal Mining Company, a subsidiary of the Monroe-Warrior Coal and Coke Company of Birmingham, Alabama, and all of the company's records were kept at Alabama up to that time. A little over a year ago the mines were sold at public auction to the present owners. However, during all said time the company retained the same supervisory employees. This company is in the business of mining coal at both of its said mines. A majority, if not all, of its coal produced at each mine is shipped over the L & N and I. Č. Railroads to points outside the State of Kentucky. The company does not sell coal locally, with the exception that it will sell coal to employees. The average annual production of coal is about 200,000 tons, 75% of which is sold outside the State of Kentucky. The only purchases of the company would be parts for machinery, rails for tracking, and the like. The company employs approximately 234 employees in both of its said mines. At its Norton mine the company employs approximately 135 employees, who are eligible for UMWA membership. At its Crabtree mine the company employs approximately 99 employees, who are eligible for UMWA membership. In all probability the company will enter into a stipulation as to the facts concerning its organization and operations. THE LABOR ORGANIZATIONS INVOLVED The United Mine Workers of America, District # 23, affiliated with the C. I. O. (called the UMWA), the Independent Miners Union (called the IMU), and the Progressive Mine Workers of America, affiliated with the A. F. of L. (called the PMW) are the three labor organizations involved. The charges herein were filed by the UMWA, District #23. |