Reporter's Statement of the Case 104 C. Cls. 1100, and 1101. These requisitions called for 50 carpenters whose appearance was requested in groups of 10 each on September 1, 3, 5, 8, and 10, 1936. In addition to the 50 carpenters requisitioned, plaintiff asked for 4 bricklayers and 2 cement finishers. Upon receipt of the requisitions SES immediately asked Works Progress Administration for a list of available carpenters, brickmasons, and cement finishers who were on relief in Oklahoma County. There were 27 employment-service offices in the State of Oklahoma from which labor was to be obtained for referral to plaintiff's work, if sufficient labor was not obtainable locally by the Oklahoma City employment office. On receipt of such a list it was checked by SES to determine whether or not the men were competent and qualified. September 2, 1936, SES sent letters to 73 carpenters, 6 brickmasons and 4 cement finishers to present themselves to plaintiff for interviews for employment at plaintiff's project. This referral was from what is termed the "mass list." Comparatively few men from the mass list reported to plaintiff for employment. 11. The SES in response to plaintiff's formal requisitions for workmen began referring to plaintiff's project various skilled workmen. Typical referrals are as follows: Sept. 4, 5. 1986 Oct. 14th, 2 men; 19th, 6; 20th, 1; 21st Sept. 22, 4 men; 23rd, 6; 24th, 1; 26th, 1; Dec. 15th, 2 men; 16th, 3; 17th, 4; 18th, Dec. 22nd, 1 man; 23rd, 1; 24th, 1; 28th 1937 Jan. 22nd, 1 man; 23rd, 1; 25th, 1; 26th, 1; 28th, 2; 30th, 1; Feb. 3rd, 1; 5th, 3; 9th, 1; 11th, 1; 15th, 1; 17th, 1; 18th, 1; 23rd, 1; 25th, 2. The foregoing serves to illustrate the manner and method of referring workmen to plaintiff's project. They are typical of all referrals. A number of those who were referred failed to report. Some workmen reported promptly and were employed, but there was material and serious delay on the part of SES in referring a large number of workmen to the project. Plaintiff employed practically all who reported for work. Included in the lists of referrals are names of workmen who were brought over from the foundation contract and also a number who were otherwise recruited locally by plaintiff, sent to the Employment Office and formally referred by the Employment Office to plaintiff's project. Reporter's Statement of the Case 104 C. Cls. 12. The requisitions show that plaintiff called for 159 carpenters to December 31, 1936, and that 119 were referred to and employed by plaintiff on the instant project. 13. Plaintiff's pay roll during the period September 3 to December 31, 1936, shows the number of carpenters, brickmasons and cement finishers employed each week during the period as follows: Sept. 3-Sept. 9. Oct. 8-Oct. 14.. Oct. 15-Oct. 21. Oct. 22-Oct. 28. Oct. 29-Nov. 4. Nov. 5-Nov. 11.. Nov. 12-Nov. 18.. Nov. 19-Nov. 25.. Nov. 26-Dec. 2. Dec. 3-Dec. 9. Dec. 10-Dec. 16. Dec. 17-Dec. 23. Dec. 24-Dec. 31. 14. September 21, 1936, plaintiff telegraphed H. A. Gray, contracting officer and Director of Housing at Washington, as follows: Since August thirteenth [thirtieth] endeavored get proper skilled labor through US Employment Service. Progress of work unsatisfactory because necessary mechanics not furnished. Request release from labor provision requiring skilled labor from employment service or time extension to permit work to be completed with limited force of mechanics. Plaintiff also wrote Gray November 5, 1936, urging action. In this letter plaintiff stated: Our shortage of skilled labor still continues and our requisitions are unfilled. Since you have not advised us that we are at liberty to secure workers at our discretion, it is assumed that it is your intention to make an extension of the contract time to adjust this condition. Your attention is further directed to the contract, Article 9, Delays and Damages, which states: Our telegram served you with notice of the acts of the government which delayed this work, since the United 1 Reporter's Statement of the Case States Employment Service is a Governmental Agency and our contract required us to secure workmen from that source. Therefore, we shall expect an adjustment of the contract time to cover this delay. Gray as contracting officer advised plaintiff November 17, 1936, that relief from liquidated damages, if accrued, would be considered at the approach of termination of the contract time. 15. From the beginning of work on the project until the contracting officer on March 26, 1937, acted on plaintiff's request and released him from the labor requirements of art. 20, plaintiff constantly complained of lack of labor for carrying on the work, such complaints being made to V. D. Alden, project manager, to R. H. Krogstad, manager of SES, and to the Labor Commission of Oklahoma and to H. A. Gray, Director of Housing and contracting officer. 16. October 6, 1936, plaintiff advised the manager of SES by letter that the agency had not furnished his requirements in a satisfactory manner in order to carry on the work, and that he had advertised in local papers for men, and was enclosing a list of 10 men who reported as relief eligibles for assignment to the work. He also enclosed a list of names of 22 registered applicants and proposed them for assignment for work on plaintiff's requisitions; also a list of 38 names, with request that they be referred. Plaintiff also stated in the letter that he found an abundance of skilled labor to man the project, if the agency would cooperate in assigning them. In reply the manager of SES on October 9th advised plaintiff as follows: With further reference to the list of names included in your letter of October 6, 1936, will advise I have discussed this matter with Mr. Richard H. Lawrence, Associate Director of this Service. Mr. Lawrence's decision is that we shall not make referrals from this list unless these individuals meet the requirements as set forth in the following points: No. 1. They must be bona fide residents of Oklahoma County for the past 6 months and of the State for the past year. No. 2. Their cards must be in the active file at the time referral is made. Reporter's Statement of the Case 104 C. Cls. No. 3. They must satisfy the requirements of this office as to competency in the trades or crafts for which they are to be assigned. Elaborating on these points I might say that a good many of these men have been away from Oklahoma City long enough so they have lost their residency here; in other words they have established residency in some other town and State, although they might have been registered in this office for several years. Point No. 2-Upon checking the cards of the men on the list you gave me I find a good majority of them are now in our inactive file, which means that the applicant has not contacted this office within the past 30 or 60 days. These men can make their cards active by contacting this office, at which time they will be reinterviewed. Point No. 3-As these men contact our office they will be questioned as to their ability in the crafts for which you have them listed. If we feel they are competent and qualified to perform the work of that particular craft and they meet the other requirements, then and then only will they be referred. In this connection I might say I have checked quite a few of these cards. and find the men showing very little record of employment, and in some cases none whatsoever, in the classifications at which you have them listed. I shall go over each one of the names in your list, case by case, and consider each of these individually. It is the duty of the Employment Service to refer competent qualified mechanics in their respective classifications, and in order to comply with this duty it will be necessary to proceed as above. October 12, 1936, plaintiff advised SES that he was the judge of the competency of the workmen in the skilled crafts and that he had placed men on the pay rolls and that the agency would be expected to make the proper assignment. By letter of October 12, 1936, the manager of SES advised plaintiff as follows: This will acknowledge receipt of your letter under date of October 12th in which you request the issuance of assignment slips USES 325 on the list of mechanics furnished by you in your letter of October 6th; due to the fact that you have already hired these gentlemen and have entered their names on your payroll. I regret very much that we will be unable to comply with your request until such time as these men have been |