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RE: JOHN L. LEWIS, ET AL ey) Ce "Earl 1937, I received a call from a PMA, to come mine. when 1 arrived at the mine, GE 20-8 me that the Committee had demanded the discharge of five former Progressives who had been expelled because of their activity on behalf of the United Mine \.orkers from the PMA. The names of these men were Frank Austin; 4.L. "Pete" Carter, Andrew Skelevieus; Dominic Pasquale, Joe #lbanese, elias Sam Catalone. I took the cease up with both Elsheff and Falcetti, but the company declined to write up joint evidence. They refused to stop these five men from working. ‘when he refused to write up joint evidence, I esked him if we could refer this dispute, him to select a man and I to select iz «hi ior someons else that Pe select. Hlshoff did agree to ask ms Lawyer about referring the cases At about this time, Feleetti was called out; he came back a few minutes later and stated that it had been reported that the cars were coming up not loaded or leaded short. Elshoff argued that he could not discharge these men be-= cause he would be liable under the waggoner Act. That was the position he wes taking. However, he agreed to get his lawyer's version of the situation. At my insistence, he called his lawyer at that time, whom he arranged to see, and agreed to meet me at 2:00 o'clock that afternoon with the Committee to give his answer, "Then we left the office, and as we did so, Faleetti and Elshoff called my attention to the fact that cars were apparently being sent up not loaded to capacity. I suggested thut he take that matter up with the Pit Committee, in accordance with the provisions of the joint contract between PMA and the Company. "At approxinately 2:15 thet e*terpoon, I returned to Elshoff's office with the Fit Committee and eo a Elsenoff refused to do enything at ell with regard to handling the dispuve. He did say, "Put this mine in normal operation. Them cars are not being loaded properly.* I told him that I came out here to get his answer regarding the case before us and that’s what Iwas here for. He refused to do anything. at this point, negotiations broke of?, and I notified the engineer and the chedk wayman that the company had refused to handle case in accordance with the contract. «shen the men were notified of his action, the work ceased, end the men came out of the pit. "RK meeting of Local No. 54 was held on tho night of May 12, 1937, at which time, I told the members that the five men who had been expalled had & right to appeal and that if it were proved that they were innocent, Local No. 54 was responsible and these five men would be paid. "I further recall with respect to my negotiations with Elshoff on that morning with respect to his liability under the waggoner Labor Act that - 410 -