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After observing this job, it was my judgment that at 46¢ price would be a far better rate on this tire built to the new specification than the 48¢ price was on the old specification.
Therefore, I feel that the new 46¢ price, which was made effective at 6:00 o'clock Thursday night, is a fair price to the builders in this department.
This agreement made and entered into this
1935, by and between the Goodyear Tire and Rubber Company hereinafter referred to as the "Company”, first party, and the United Rubber Workers Federal Labor Union No. 18282; General Pipefitters and Helpers Union, Local No. 156; International Union of Operating Engineers, Locals, #821–821-A-821-B; Summit Lodge, #203, I. A. of M; Sheet Metal Workers, Local #29; Pulp, Sulphite and Paper Mill Workers, Local #145; Brotherhood of Blacksmiths, Drop Forgers and Helpers, Local #63; Rubber Industry Chauffeurs and Helpers Local #581; hereinafter referred to as the “Unions”, second parties, witnesseth:
Whereas it is the desire of the parties to promote mutual co-operation and harmony and to formulate rules for the guidance of the parties, now, therefore, in consideration of the premises, the parties hereto agree as follows:
1. HOURS OF EMPLOYMENT
A. Hours of employment shall not exceed thirty (30) hours per week nor six (6) hours in any twenty-four (24) hour period. Any employee working in excess of such hours shall be paid at the rate of time and one-half.
B. The hours per week shall be reduced to twenty-four (24) before any reduction in the working force is made.
C. Wage scale.- Rates of pay shall be subject to adjustment from time to time and shall be determined after negotiations with the Wage Scale Committee of the Unions. It is understood, however, that wage rates shall be conformed to the reduced hours of work called for in paragraph “A” hereof in order that no reduce tion in pay shall result from such reduction in hours.
2. WORKING RULES
A. Work performed on the following holidays: Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be paid for th ate of double time, except in case of Firemen, Engineers and Watchmen who work regularly on such days, Firemen, Engineers and Watchmen working in excess of thirty (30) hours in any one week or six (6) hours in any twenty-four (24) hour period, shaú be paid for such excess at the rate of time and one-half.
B. Complaints involving unjust discharge of employes shall be investigated without delay, and if it is determined that such employe has been discharged unjustly, he shall be reinstated with all the rights and privileges he enjoyed as of the time of his discharge, and shall be paid for all time lost on account of such unjust discharge from the time of making complaint in respect thereto.
C. Any employe disabled in the course of his employment who by reason of such disability, is unable to perform heavy work or work involving special speed or ability, but who is able to perform other work for the Company, shall be given such other work if it reasonably can be made available.
D. Employees who have given long and faithful service to the Company, and who have become unable to perform arduous work, will be given preference in the distribution of lighter work in and around the plant as such work is available.
E. Any employe reporting for work who has not been notified not to report, shall be paid for three hours at his regular rate.
A. In case of lay-off, the last worker hired shall be the first laid-off, giving the oldest employe in point of service preference in employment and in the restoration of forces, senior laid-off employes will be given preference of reemployment if available. No new help will be hired until all laid-off employes have been given an opportunity to return to work.
B. Seniority shall be broken only when an employe is discharged or leaves the employ of the Company of his own accord, excepting in case of war, when special rules will be made for employes called for military service.
C. When vacancies occur or new positions are created, seniority shall govern:
D. In rehiring employes who have been laid-off, they will be notified at their last recorded address. If an employee is unavailable at the time ordered to report, be shall be given the first opportunity thereafter for reemployment. Any employe failing to notify the management of his intention to accept employment within ten (10) days after being called, will lose his seniority.
E. In case of reduction of force, seniority will govern and employes affected will be paid the rate of the job to which they are assigned.
F. Before hours are reduced, twenty-four (24) hours' notice shall be given and before the working force is reduced, three days' notice shall be given to all employes affected having less than five (5) years service. Employes having five (5) or more years service but less than ten (10), shall be given one week's notice: Employes with ten (10) or more years service shall receive two weeks' notice.
G. The Unions shall be furnished with a complete seniority list and department seniority lists shall be posted in each department. In case of reduction of force, & complete list of employes affected shall be given to the Unions three days before the lay-off becomes effective.
H. When an employe is recalled for a position other than the one from which he was laid-off, he shall be permitted to transfer to his former position when an opening occurs; likewise, an employe working on transfer shall be permitted to return to his former position when an opening occurs.
I. In case of transfers, the seniority rights of employe affected shall not be changed.
J. Employes of exceptional ability or special training, may be used on detached service wherever required, but will hold seniority rating in their original department.
K. When an employe is required to fill the place of another employe receiving a higher rate of pay, he shall receive the higher rate, but if required to fill temporarily, the place of another employe receiving a lower rate, his regular rate shall not be changed.
L. An employe detained from work on account of sickness or other unavoidable cause, shall notify the Company as soon as possible and shall be given his regular employment upon his return.
M. When female employes perform the same work or replace male employes, such female employes shall be paid the rates of pay in effect for the employes.
N. No foreman or Supervisor shall perform work regularly assigned to an employe except as may be required for purpose of demonstration and instruction and in case of emergency.
All employes with ten (10) or more years service shall be given annually two (2) week's vacation with pay. Such pay shall be at the rate of five percent (5%) of the employe's yearly earnings. In no such case shall male employes be paid less than fifty dollars ($50.00) nor female employes less than thirty-five dollars ($35.00). All employes with five (5) years service and less than ten (10) years service shall be given annually one week's vacation with pay. Such pay shall be at the rate of two and one-half per cent (242%) of such employe's yearly earnings. In no such case shall the amount so paid be less than twenty-five dollars ($25.00) for male employes, and seventeen dollars and fifty cents ($17.50) for female employes. All employes with one (1) year and less than five (5) year's service, shall be given one (1) or two (2) week's vacation each year without pay if and as the employe so desires.
5. The Company shall provide bulletin boards in the various departments for the posting of notices concerning meetings, functions and activities of the Local Unions.
A. The Company agrees to meeting with and negotiate with the duly accredited representatives of the Unions concerning any controversies, differences or grievances that may arise or with respect to matters mutually concerned.
B. The Unions agree to designate various committees as their duly accredited representatives in the various departments of the Company's Akron Plants and to furnish a complete list of such representatives to the Company.
C. The President and or Business Agents of the Unions shall participate in negotiations with the Company upon the request of the Local Unions, or the Company.
7. The Company shall not aid, financially or otherwise, directly or indirectly any agency or group of its employes directly or indirectly, negotiating the settlement of problems concerning wages, hours or working conditions arising in any department of the Company's plants in Akron and shall not interfere in any manner with the selection of representatives of its employes for collective bargaining.
8. Nothing contained herein shall be deemed to restrict the right of any employe to deal directly with the Company nor to limit the Company's right to discharge any employe for just cause.
Amendments to this agreement may be proposed by either party and shall be considered at a meeting at a time and place mutually satisfactory to the parties within fifteen (15) days after written notice has been given to the other party specifying the general purport of the articles to be considered and the changes proposed.
10. SPECIAL RULES
Attached hereto, and by reference made a part hereof, are Special Rules applicable to the Craft Unions affected thereby.
This agreement shall be in force and effect for one year from this date and shall continue thereafter for like yearly periods unless notice of termination is given by either party to the other party thirty (30) or more days prior to the expiration of any such yearly period, provided, however, that termination may be affected by either party by a thirty (30) day notice in writing at any time after the expiration of the first year.
“IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the place and year hereinabove mentioned.”
THE GOODYEAR TIRE AND RUBBER COMPANY
UNITED RUBBER WORKERS FEDERAL LABOR UNION, LOCAL #18282,
AND THE CRAFT UNIONS AFFECTED.
We have examined the document you left on Wednesday, March 20.
There is very little we can add to our statement of November 14, 1934, made in reply to your previous proposal.
Goodyear does indeed desire to promote cooperation and harmony with its employees. Its record of industrial peace is unbroken throughout its history of 37 years with the sole exception of one disturbance of brief duration more than
twenty years ago occasioned by the activities of outside organizers. We believe this record establishes that cooperation and harmony have in fact prevailed.
It is noteworthy that in many respects Goodyear employees are already enjoying more favorable conditions than those set out in the agreement you propose.
We are convinced that only a very small number of Goodyear employees are members of the organizations you represent. Notwithstanding this fact, is apparent that the agreement you propose is intended to apply to all of Goodyear's Akron plant employees.
Under these circumstances, the negotiation by Goodyear of an agreement of the character submitted by you would, in our judgment, be a breach of faith with Goodyear employees who more than fifteen years ago voluntarily adopted by an overwhelming secret ballot a plan of collective bargaining that has functioned successfully ever since. This plan fully meets the requirements of Section 7 (a) of the National Industrial Recovery Act. The negotiation of such contract would, we believe, irreparably disrupt the pleasant relations that have always existed between the management and Goodyear employees and which have resulted in high wages, good working conditions and the community's peaceful progress.
Goodyear is therefore unwilling to enter into any such agreement.
We repeat from our statement of November 14, 1934, “In addition to this formal established means of collective bargaining, the management of Goodyear have always dealt directly with individual employees on any of their problems; and we expect to continue this policy regardless of their creed or affiliations with other organizations.”
EXHIBIT 3104 (Attached note.)
Presented to Mr. Slusser 6/11/36 by House, Hull, Committee from Gadsden & Committee from Cumberland, including Roberts, Union Organizer—but was not agreed to in whole or part by Mr. Slusser.
P. M. B. GADSDEN AGREEMENT Realizing the mutualities of interest that should exist between the Goodyear Tire and Rubber Company of Gadsden, Alabama and its employees and in order that cooperation may exist, Local No. 12 of the United Rubber Workers of America, request of Management to consider the following points and to put them into effect immediately:
1. All discharged employees as of May 25th, 1936, be returned to their former jobs without discrimination with all rights and privileges that they had previously enjoyed and to be compensated for all time lost.
2. That six hours shall constitute a day's work and thirty-six (36) hours will constitute a week's work and all time worked in excess of the standard bulletin hours shall be classes as overtime and paid for at the rate of time and one-half.
3. All time worked on Sunday and the following holidays: New Year's Day, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day should be classed as overtime and paid for at the rate of double time. Any employee whose regular work falls on Sunday or the above holidays, if working seven days per week, the seventh day shall be paid for at double time.
4. The day work and piece rates be adjusted according to the Akron rates for the same job and operation performed.
5. Notice will be given to the representatives of the employees affected of changes in wage rates before they are posted.
6. That all men hired shall work their shifts in the factory according to their service and seniority rights.
7. The Shop Committee for the Union will be given the opportunity to deal with their foremen during working hours when necessary.
The Chairman of each Department Committee shall have free and ready access to their Department Foremen at all times.
8. The Chairman of each Division Committee shall be accorded the right to enter any Department of his Division when called upon by the Committee of that Department, for the purpose of investigation of complaints and effecting a settlement thereof.
9. The President of the Local Union, or his duly accredited Representative, shall be accorded the right to accompany the Chairman of any Division Committee, the Plant Legislative Committee or Special Committees, to confer with the Personnel Manager, General Superintendent or Factory Manager, concerning matters of dispute arising between employees and the Company.
10. Lists of contemplated lay-offs will be made in duplicate by Department Foremen, one copy will be retained by the foreman and the other copy will be kept in the office of the Labor Department. Both lists will be available for inspection by the representatives of the employees effected.
BEFORE THE UNITED STATES SENATE SUBCOMMITTEE OF THE COMMITTEE ON
LABOR AND EDUCATION
L. G. Cleere ' being first duly sworn according to law upon his oath deposes and says;
In July 1933, I was hired in Gadsden, Alabama, by Mike Self who was then and is now chief watchman of the Gulf State Steel Corporation. At the time I was hired an attempt was being made to organize the employees of the Gulf State Steel Corporation. Self told me he had been sent to Gadsden for the purpose of breaking up the Unions. He gave me two guns to carry. I worked at the Gulf State Steel until March or April 1936. Because of the installation of new machinery in the steel plant I was demoted to a job as a laborer. I told Mr. Self that I was dissatisfied with my job and he said that he would recommend me for employment at the Goodyear Plant in Gadsden.
I met Mr. Miller at Goodyear, Mr. Miller being the employment Manager, and was hired. Miller requested me to find out the names of all the Union mem. bers. Miller also told me that Goodyear would get rid of any Union men and if I would stick to the Company the Company would take care of me. It was apparent that because of Seli's recommendation I had a good pull with the Goodyear Company.
In April or May 1936, T. L. Bottoms, Assistant to the Personnel Manager, met me downtown in Gadsden and asked me to use my.car to follow two men. He said that they were afraid that a secret mass meeting of employees, for the purpose of organizing a Union, was about to be held. Bottoms stated that they were going to see to it that these Communists (Bottoms always referred to Union men as Communists) did not get into town.
In June 1936, immediately after the assault upon Mr. Dalryimple, and just two days before the Union mass meeting in the City Park, Bottoms, the Assistant to the Personnel Manager, called a meeting in the Company cafeteria which was attended by fifty or sixty men. On Thursday, preceding the mass meeting, Bottoms came to my home in the evening, about four miles out of town, and told me what the signals were which would be used in the event the fifty men who were to be deputized were to take command of any situation. On Saturday morning one hundred and fifty special deputies were sworn in by the City Commissioners of Gadsden. Fifty of these men were from Goodyear, fifty from Dwight Manufacturing Company and fifty from Gulf State Steel Corporation. Part of these men were detailed to patrol the streets of Gadsden and the remainder were told to attend the mass meeting. The City Commissioners advised us that we were now special Officers and were supposed to keep our mouths shut. The President of the Company Union Committee at the Gulf State Steel Corporation advised me that special officers were going to break up the Union meeting. McGinty, who was very prominent in the assault upon Union organizers, is now a regular Officer on the police force in Gadsden.
On Tuesday, June 23, 1936, Bottoms, Assistant to the Personnel Manager, had a meeting of the special Deputies in the Company cafeteria. He said that on Wednesday, June 24th, the Organizers were going to be run out of town. He issued orders to us to bring guns and that the god damned Yankees were going to be driven from the City. He said that we should be sure to have guns and clubs because there would be trouble and bloodshed and if there was it was quite alright with him.
1 Testimony of L. G. Cleert on Thursday, Mar. 18, 1937, appears in pt. 8 on pp. 3042-3051.