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is changed and conditions improved from the employer point of view? What other suggestions would you offer?

If you appreciate our position and our support of your association, I know that you will give every consideration to these conditions and give me your best advice promptly. It will be greatly appreciated.

Very truly yours

LYON METAL PRODUCTS, INCORPORATED, (Signed) E. D. POWER,

Vice President & General Manager.

KGB:

E. D. Power

AIR MAIL

P. S.: One point I have overlooked. In June, 1933, we drew up plans for an employee representative system or a company union, as you prefer. It was printed and presented to our employees in a general employee meeting. We did not use pressure to force it upon our employees, but left the decision to them and it was turned down by the employees and not put into operation. We have, therefore, never had a company union in our plant, either before or since the NRA, and in one sense it is the lack of such an organization that makes it difficult for us to reach our employees. We have appreciated for several months that any attempt to put over a company union would be a serious and open fight.

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NOVEMBER 16, 1934.

Confidential.

Mr. E. D. POWER,

Vice President, Lyon Metal Products, Incorporated.

Aurora, Illinois.

DEAR MR. POWER: I regret your letter of October 29 has not been previously answered. Mr. Weisenburger referred the matter to me, but I was out of town at the time and when I got back we had a Board meeting which has taken all of my time up to now.

To answer your specific questions and after careful examination of your communication and consideration of the problems involved, I am pleased to advise as follows:

It is my belief that your method and policies to date are entirely sound, and that they should be continued (except as may be noted below).

Until demands which you absolutely can not meet are presented and a strike is threatened, I don't believe you should publicly or deliberately "buck the union organization."

If an issue arises it seems to me it would be a good policy to present the facts involved in communications in your plant and in letters to employees. An employee meeting might or might not be desirable depending on circumstances, which it is impossible for me to judge at this distance.

I would be inclined to delay an open break as long as possible.

With reference to your request for "other suggestions." I would suggest that the articles in your monthly magazine be a little more specific in stating the company's position on labor matters. Secondly I would suggest you take up with the editors of local papers the running of sound articles on labor matters, and thirdly I would probably go to more pains than you possibly have in educating your foremen on the problems and principles involved.

If there are any further specific questions you wish to ask, I shall be glad to answer them as promptly as possible.

Very truly yours,

NOEL SARGENT, Secretary.

EXHIBIT 5448

ARTICLE ON THE GOODYEAR SITUATION

Mr. WALTER B. WEISENBURGER,

THE GOODYEAR TIRE & RUBBER COMPANY,
Akron, Ohio, August 19, 1936.

Executive Vice President, National Association of Manufacturers,

11 West 42nd Street, New York, N. Y.

DEAR MR. WEISENBURGER: I have read with great interest your Labor Rela tions Bulletin of July 20th. Your article on the Goodyear situation was concise and helpful. I could make very good use of a dozen or more copies of this issue if you can supply them.

I was particularly interested in your account of the action taken in Illion It seems to me that such articles should be very helpful in the delicate situation now confronting many communities.

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DEAR MR. HEIDRICH: I am very sorry indeed that you will be unable to attend our annual convention, but delighted that your company is going to stay put as far as basic principles are concerned. Frankly I would not have expected anything else from the splendid record you have in labor relations work. If you think we can be of any assistance in any way in connection with your difficulties, please do not hesitate to call.

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MY DEAR SARGENT: Thanks very much for your letter of the 7th. So far we have had no violence but because our strike has been in force three weeks, they are beginning to threaten violence and have imported some thugs from

See exhibit 3860.

See testimony of Mr. Litchfield and other officers of the Goodyear Tire & Rubber Company in pt. 8, pp. 2939 ff.

Chicago to beat up the people that are working for us. This makes it peculiarly my job to determine how long we should continue to keep the factories going, in which we have so far succeeded, because we are determined to close down if necessary and will close down before we subject our employees to any considerable amount of violence.

All these matters require patience and slow and careful work because it is not our plant alone, of course, but the labor situation in the whole city that is in jeopardy. We have the Mayor fairly well lined up and we have been able to create a fair amount of sentiment among the trades people and citizens in general, which in time will afford a satisfactory backing for our Mayor Ld Chief of Police.

Tho we did not sit in on the conference, our Mayor tells us that he notified the C. I. O. managers that he would hold them responsible for any lawlessness that was created as a result of their efforts. He assured them they could preach any doctrine they desire that is not subvertive of Government so long as their activities create no disturbance but just as soon as the peace of the community is disturbed he will demand that tthey get out of town.

Efforts have been made for a long time to get into our principal industry, which is the Caterpillar Tractor Co., and their President is working closely with me in all these matters so that the plans we pursue may be plants that will inre to the benefit of the community as a whole.

You may well imagine how uncomfortable and unsatisfactory it is to have atters of this kind to attend to in these particular days when the joy of living is to the fore, and above all that all the effort one makes can have no particular positive results or benefits and at the best can only hold matters in par. In other words Love's Labor Lost.

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IKAR MR. HEIDRICH: I greatly appreciate the information concerning the developments in your labor situation contained in yours of December 18. I Lave to be in Chicago next week to attend some meetings, but while I would ke to visit Peoria to find out even more about your labor problems this apparently will not be possible since I must return here for the following weekend.

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INCORPORATED 1907-MANUFACTURERS, SELF-OILING ALL GEARED DRILLING MACHINES, HONING MACHINES

814-830 CHESTNUT STREET, ROCKFORD, ILL.

NATIONAL ASSOCIATION OF MANUFACTURERS,

JUNE 17, 1937.

11 West 42nd Street, New York City.

(Att: Mr. Walter B. Weisenburger, Executive Vice-President)

GENTLEMEN: As members of the Association we have been receiving and reading your various bulletins and special news letters, insofar as time and

opportunity have permitted. There is so much to read about labor troubles nowadays that one can hardly wade thru all of it.

Today our own shop committee came to us and presented a proposed agreement, since the boys are affiliated with the UAWA union, as you will see from the confidential copy of the proposal herewith.

We thought best to rush this off to you as well as to the Illinois Manufacturers' Association to get the reaction of your executives or attorneys on any or all paragraphs. Of course, we have plenty of time to consider the matter, and to discuss it further with said employees. I think they are asking for about twice what they expect to get, both as to the increased wages and the vacation matter, and possibly some of the other items. The committee shows a fair attitude and a desire to get together with the management.

We don't want to make any more concessions than we have to nor to sign up if it could be avoided, because once getting signed up with them might lead to difficulty in eliminating the whole thing eventually, as it would probably take a severe depression to break up the union.

We certainly cannot consider recognizing this proposed union for any of our employees except their own members, nor can we agree to let them negotiate as to disputes with labor or as to whom we shall hire or fire. The contract, however, is not so very rabid in that respect, but it does touch upon the subject, and we don't want to stick our heads into any noose.

Without further comments, except to say that we have given our men quite a number of advances since December, and are today paying higher rates of labor than we paid in the peak of 1929, so that we could not possibly absorb even a 5% advance instead of a 10%, and at the same time also concede to vacations of hourly rate men with pay. Therefore, we have to cut down and argue with them in these respects. Your prompt reply will be appreciated. Yours sincerely,

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Andress, Barnes Drill Company, Rockford, sends inquiry concerning proposed labor contract his company. Advises that he has also written you same matter. Do not wish to refuse supply suggestion to member but also do not wish any chance conflicting opinions you may have given him. Please wire your advise. NOEL SARGENT.

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Advised Barnes that, generally speaking, mistake to enter into written contract with any outside group as it would be invitation to outside professional interests to promote conditions which might eventually create disturbance. Suggested that collective bargaining could be best promoted by understanding with their workers. Advised that our understanding of National Labor Relations Act did not specify written contract.

JAMES L. DONNELLY, Illinois Manufacturers Assn.

EXHIBIT 5450-D

[Copy]

Mr. J. E. ANDRESS, President, Barnes Drill Co.,

JUNE 25, 1937.

814-830 Chestnut St., Rockford, Ill.

DEAR MR. ANDRESS: We have delayed answering yours of June 17 in view of the fact that you had addressed a similar communication to the Illinois Manufacturers Association, which, of course, on account of its geographical location was in a position to give you an answer much sooner than we have been.

We have conferred with Mr. Donnelly of the Illinois Manufacturers Association and generally believe that the advice given you by his organization is correct. Of course, conditions may arise which seem to necessitate an agreement with an outside labor organization. Even so every effort should be made to specify that the agreement is voided if a strike occurs among union members during the life of the contract; also that the union will actually represent only its own members, thus avoiding a closed shop concession.

The National Labor Relations Act does not specify that any agreement or contract of any kind is necessary. If a contract is entered into it is, of course, valid whether it is an oral contract or a written contract. Many employers with whom I have talked think that there has been too much emphasis lately about the "written contract" angle and insufficient attention to the basic question of any kind of "union contract."

1

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Mr. NOEL SARGENT,
Secretary, National Association of Manufacturers,

NOVEMBER 11, 1937.

11 West 42nd Street, New York, N. Y. DEAR SIR: Last June an election was held by the National Labor Relations Board in our plant to determine whether the Amalgamated Meat Cutters and Butcher Workmen of North America, affiliated with the A. F. of L., or an Independent Union, made up principally of members of the former Employees' Association, should be the bargaining agent for this plant. The Independent Union won the election, and since then have been the bargaining agency.

Now the C. I. O. have sent some organizers here in line with their drive to organize the Packing Industry, and the officers of the Independent Union are anxious to get what material they can to combat the C. I. O. organization drive.

Thought possibly you might have considerable material that they could make use of in combating the claims of C. I. O. organizers. I had in mind the biographies of some of the leaders of C. I. O., what the aims and objects of the Organization are, also information regarding the failure that they made in their efforts to organize "Little Steel", and whether or not they have accomplished anything for their members in Automobile and other Industries that they have been working with.

Any material that you can send me will be very much appreciated.

Yours truly,

JOHN MORRELL & CO., (Signed) J. M. FOSTER,

JMF: MW.

1 See exhibit 5456.

Assistant Manager.

Cf. pt. 17, pp. 7448 ff., and exhibits 5434-5436, 5438, and 5468.

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