Milton Box Co.

In the Matter Of MILTON Box COMPANY, A CORPORATION, HARRIS PINE MILLS, INC., A CORPORATION, and LUMBER AND SAWMILL WORKERS, LOCAL UNION No. 2644, CHARTERED BY UNITED BROTHERHOOD OF CAR- PENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. C-1977.Decided Ocober 17, 1941 Jurisdiction : lumber products manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Charles M. Brooks, for the Board. Mr. C. H. Harris, for Respondent Milton and Respondent Harris. Mr. Chas. L. Brown, for the Union. Mr. George A. Koplow, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon amended charges duly filed by Lumber and Sawmill Workers, Local Union No. 2644, Chartered by United Brotherhood of Carpen- ters and Joiners of America, affiliated with the American Federation of Labor, herein, called the Union, the National Labor Relations 'Board, herein called the Board, by the Regional Director for the Nineteenth Region (Seattle, Washington), issued its complaint dated, August 13, 1941, against Milton Box Company, a corporation, Milton, Oregon, herein called Respondent Milton, and against Harris Pine Mills, Inc., a corporation, Pendleton, Oregon, herein called Respondent Harris, alleging that the said respondents, and each of them, had engaged in and were engaging in unfair labor practices affecting com- merce within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notice of hearing were duly served upon the respondents and the Union. Concerning the unfair labor practices the complaint alleged in sub- stance: (1) That the respondents Milton and Harris, jointly and 36 N. L. R. B., No. 35. 191 192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD severally, (a) from and on or about June 20, 1939, to the date of issuance of the complaint, instituted and carried on a course of action for ascertaining the names of employees who were members of the Union; (b) on or about January 6, 1940, January 31, 1940, May 17, 1940, and at various other times, encouraged and caused certain of their employees to renounce their membership in and withdraw from the Union; (c) endeavored to induce employees and former em- ployees to accept a certain sum of money in consideration that they would terminate and no longer seek employment with the respond- ents; (d) informed certain new and prospective employees that they should have nothing to do with the Union; (e) on and after January 1940 offered employment to certain union-member applicants at less than the regular rate of pay. (2) That the respondents, and each of them, discriminated in regard to hire and tenure of employment in that (a) on and after December 27, 1939, when the Respondent Harris began its operations at Pendleton, Oregon, said respondents, and each of them, failed to offer to reinstate certain persons employed shortly before December 20, 1939, by the Respondent Milton; (b) that the Respondent Harris on or about May 1940 terminated the employment of M. C. Henry Lindt; and (c) that the Respondent Milton on or about April 25,1940, demoted Ralph Hall. On or about August 26, 1941, the Respondent Harris duly filed an answer denying the allegations of unfair labor practices in the complaint and alleging certain affirmative defenses.' The respondents jointly filed certain preliminary motions, entitled (1) Motion to Pro- duce, (2) Motion to Elect, (3) Motion to Quash, and (4) Motion for Bill of Particulars. On September 13, 1941, the Regional Director issued and duly served an order postponing the scheduled hearing. On September 10, 1941, prior to the scheduled hearing in the case, the Respondent Milton, the Respondent Harris, and the Union, to- gether with counsel for the Board, entered into a' stipulation. The stipulation provides as follows:' An amended charge having been filed by Lumber and Sawmill Workers, Local Union No. 2644, Chartered by United Brother- hood of Carpenters and Joiners of America, Affiliated with the American Federation of Labor (herein called the "Union") with the Regional Director of the National Labor Relations Board (herein called the "Board") for the Nineteenth Region at Seattle, ' The stipulation , set forth below, recites that Respondent Harris and Respondent Milton filed separate answers. The file contains only the answer of Respondent Harris. However, all answers and motions are withdrawn by the terms of the stipulation. 2 Exhibit "A" attached to the stipulation is set forth in Appendix "A" appended to this Decision and Order. Exhibit "B" attached to the stipulation is set forth in Appendix "B" appended to this Decision and Order. Exhibit "A" attached to the complaint, is set forth in Appendix "C" appended to this Decision and Order. MILTON BOX COMPANY 193 Washington, on August 13th, 1941, alleging that Milton Box Com- pany, a ,corporation (herein called Respondent Milton), and Harris Pine Mills, Inc., a corporation (herein called Respondent Harris), have engaged in unfair labor practices within the mean- ing of Section 8 (1) (3) of the National Labor Relations Act; the Board through its regional director having issued and served a complaint stating the charges, service of which is hereby ac- knowledged by the parties; Respondent Harris and Respondent Milton having filed separate answers and preliminary motions en- titled (1) Notice to Produce, (2) Motion to Elect, (3) Motion to Quash, and (4) Motion for Bill of Particulars; all of said answers and motions are hereby withdrawn; and it being the desire of the parties to conclude all proceedings before the Board in this case. IT IS HEREBY STIPULATED AND AGREED by and be- tween the parties hereto : (1) Respondent Harris has been since December 7, 1939, and now is a corporation organized and existing under and by virtue of the laws of the State of Oregon with its principal office and place of business located at Pendleton, Oregon. Respondent Harris since December 7, 1939, has been and now is engaged in the manufacture, sale and distribution of lumber, box shook, wooden boxes and lumber by-products. Respondent Harris annually uses a large volume of raw materials, part of which is purchased and shipped from States of the United States other than the State of Oregon. Respondent Harris annually produces lumber, box shook, wooden boxes and lumber by-products in the approximate value of $350,000, approximately seventy per cent of which was and is in the course and conduct of its business sold, shipped and transported in interstate commerce from its plant in Pendleton, Oregon, to purchasers in States of the United States other than the State of Oregon. (2) Respondent Harris admits that it is engaged in interstate commerce within the meaning of the National Labor Relations Act. (3) At all times since August 18, 1937, Lumber and Sawmill Workers, Local Union No. 2644, chartered by United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, has been and now is a labor organization within the meaning of Section 2, Subsection (5) of the National Labor Relations Act. (4) That without hearing and other procedure before the Board to which the parties may be entitled under the National Labor Relations Act or the rules and regulations of the Board, the Board may upon the basis of the amended charge, the complaint, and 43311.5-42-vol. 3G-14 194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the stipulation make Findings of Fact and enter the following Order : Respondent Harris Pine Mills, Inc., its officers , agents, suc- cessors, and asssigns shall: 1. Cease and desist from : (a) Discouraging membership in Lumber and Sawmill Workers , Local Union No. 2644, chartered by the United Broth- erhood Carpenters and Joiners of America , affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging, laying off , demoting, refusing to hire or reemploy or reinstate any of its employees or pros- pective employees, or in - any manner discriminating in regard to their hire or tenure of employment because of their member- ship in or activity in behalf of any such labor organization; (b) In any other manner interfering with, restraining, or coercing their employees in the exercise of the rights to self or- ganization, to form, join or assist labor organizations to bargain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in #Section 7 of the National Labor Relations Act. 2. Take the following affirmative action . which the Board finds will effectuate the policies of the Act: (a) Immediately post in conspicuous places in and about the plant of Harris Pine Mills , Inc., at Pendleton , Oregon, and maintain for a period of at least 60 consecutive days from the date of posting a notice to its employees in the form attached hereto and marked Exhibit "A" and by this reference expressly made a part hereof. (b) Notify the Regional Director for the Nineteenth Region, 407 United States Court House, Seattle , Washington , in writing within 10 days from date of this order what steps the respondent has taken to comply herewith. (c) Respondent Harris shall offer to each and every person whose name appears in Exhibit "B" attached hereto immediate employment in the same position or in a position substantially similar to that occupied by said employee when last working for Milton Box Company immediately prior to December 19, 1939, such offer to be made in the following manner : Respond- ent Harris shall mail by registered mail, return receipt re- quested, a written offer of employment to each of the persons named in Exhibit "B" at the address appearing opposite the names appearing on Exhibit "B". If the respective individuals named on Exhibit "B" do not reply accepting such offer within MILTON BOX COMPANY 195 a period of fifteen days said offer will be deemed to have been rejected by the person so failing to accept such offer of employ- ment. Any and all persons accepting the said offer of employ- ment within the fifteen day period shall be employed by Re- spondent Harris at. a rate not less than forty cents per hour within thirty days after the receipt by Respondent Harris of the acceptance of the offer of employment. (d) Respondent Harris shall make whole each and every person whose name appears in Exhibit "B" for any loss of pay he may have suffered by reason of Respondent's failure to em- ploy him by payment of the sum of money set forth opposite the respective names on Exhibit "B". (e) Respondent Harris shall place upon a preference hiring list Earl Karr and Harold A. Wagner, said individuals to be given the first employment available, in the same position or in a position substantially similar to that occupied by said individuals when last working for Milton Box Company im- mediately prior to December 19, 1939, when Respondent has been notified by said individuals that their term of military service has expired; provided, however, that said individuals must make application for such employment within thirty days immediately following their respective discharge from the military service. (f) Respondent Harris shall make whole the following named persons for any loss of pay they may have suffered by reason of Respondent's failure to employ them by payment to them of the sum of money opposite their respective names : Melvin Hall , Prineville, Oregon---------------------------- $ 25. 00 Ralph Hall , 653 Adams St., N. E., Minneapolis, Minn--------- 100. 00 August J. Muller, Freewater, Oregon----------------------- 100. 00 Earl Karr, Camp Lewis, Washington---------------------- 50.00 Harold A. Wagner, % U. S. War Department , Washington D. C--------------------------------------------------- 50.00 (5) The Board shall dismiss the allegations of the complaint in the within matter insofar as it refers to Milton Box Company, named respondent in said complaint. The Board shall dismiss the allegations of the complaint insofar as it refers to individuals named in Exhibit "A" attached to said complaint, except as otherwise herein provided. (6) The amended charge, complaint, notice of hearing referred to herein, the affidavit of service thereof, and this stipulation, will constitute the entire record in the above entitled matter, and the said documents shall be entered in the record herein by filing with the Chief Trial Examiner of the National Labor Relations 196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Board, Washington, D. C. All parties hereto expressly waive their rights to a hearing in this matter and to appear in person or otherwise to give testimony , examine, or cross-examine wit- nesses (as provided in Section 10 (b) of the National Labor Rela- tions Board Rules and Regulations , Series 2, as amended), and all of the parties expressly waive the making of Findings of Fact and Conclusions of Law by the National Labor Relations Board. (7) The parties hereto, and each of them , expressly consent and agree that on application by the National Labor Relations Board a decree enforcing the order of the Board in this matter may be made and entered by the United States Circuit Court of Appeals for the Ninth Circuit without notice to any of the said parties , and the parties and each of them expressly waive their rights to contest such application or to object to the entry of such decree and expressly waive their right to be notified of such application. (8) The entire agreement between the parties hereto is con- tained within the terms of this stipulation and there is no verbal or other agreement of any kind or nature which varies , alters, or adds to it. (9) That the execution of this stipulation and entry of the decree referred to in paragraph (7) hereof shall conclude all proceedings before the Board in the within case. (10) It is further understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board after its submission to the Board in Washington, D. C. On October 4, 1941, the Board issued an Order approving the above stipulation, making it a part of the record, and , pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended , transferring the proceeding to the Board for the purpose of entry of a Decision and Order pursuant to the provisions of the stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT THE BUSINESS OF THE RESPONDENT HARRIS Harris Pine Mills, Inc., is and has been since December 7, 1939, an Oregon corporation, with its principal office and place of business at Pendleton, Oregon, where it is engaged in the manufacture, sale, and distribution of lumber, box shook, wooden boxes, and lumber byproducts. Respondent Harris annually uses a large volume of MILTON BOX COMPANY 197 raw materials , part of which is purchased and shipped from States of the United States other than the State of Oregon . It also annually produces finished products valued at approximately $350,000, of which :approximately 70 per cent were and are in the course of its business sold, shipped, and transported to purchasers outside the State of Ore- gon. Respondent Harris admits that it is engaged in interstate commerce within the meaning of the Act. We find that the above -described operations constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact and stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Harris Pine Mills, Inc., a corporation , Pendleton, Oregon, its officers, agents, successors, and assigns shall: 1. Cease . and desist from : (a) Discouraging membership in Lumber and Sawmill Workers, Local Union No. 2644, chartered by the United Brotherhood Carpenters and Joiners of America , affiliated with the American Federation of Labor, or any other labor organization of its employees , by discharg- ing, laying off, demoting, refusing to hire or reemploy or reinstate any of its employees or prospective employees , or in any manner discrim- inating in regard to their hire or tenure of employment because of their membership in or activity in behalf of any such labor organization; (b) In any other manner interfering with, restraining , or coercing their employees in the exercise of the rights to self-organization, to form, join or assist labor organizations to bargain collectively through representatives of their own choosing and to engage in concerted activ- ities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Immediately post in conspicuous places in and about the plant of Harris Pine Mills Inc., at Pendleton , Oregon, and maintain for a period of at least 60 consecutive days from the date of posting a notice to its employees in the form marked Exhibit "A " and set forth in Appendix "A" attached hereto and by this reference expressly made a part hereof ; (b) Notify the Regional Director for the Nineteenth Region, 407 United States Court House, Seattle, Washington ,' in writing within 10 days from date of this order what steps the respondent has taken to comply herewith ; 198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Respondent Harris shall offer to each and every person whose name appears.in Exhibit "B " set forth in Appendix "B" attached hereto immediate employment in the same position or in a position substantially similar to that occupied by said employee when last working for Milton Box Company immediately prior to December 19, 1939, such offer to be made in the following manner : Respondent Harris shall mail by registered mail, return receipt requested , a written offer of employment to each of the persons named in Exhibit "B" at the address appearing opposite the names appearing on Exhibit "B". If the respective individuals named on Exhibit "B" do not reply ac- cepting such offer within a period of 15 days said offer will be deemed to have been rejected by the person so failing to accept such offer of employment. Any and all persons accepting the said offer of em- ployment within the 15 day period shall be employed by Respondent Harris at a rate not less than 40 cents per hour within 30 days after the receipt by Respondent Harris of the acceptance of the offer of employment ; (d) Respondent Harris shall make whole each and every person whose name appears in Exhibit "B" for any loss of pay he may have suffered by reason of respondent 's failure to employ him by payment of the sum of money set forth opposite the respective names on Exhibit "B." (e) Respondent Harris shall place upon a preferential hiring list Earl Karr and Harold A. Wagner , said individuals to be given the first employment available , in the same position or in a position sub- stantially similar to that occupied by said individuals when last work- ing for Milton Box Company immediately prior to December 19, 1939, when respondent has been notified by said individuals that their term of military service has expired; provided , however, that said individ- uals must make application for such employment within 30 days im- mediately following their respective discharge from the military service; (f) Respondent Harris shall make whole the . following named per- sons for any loss of pay they may have suffered by reason of respond- ent's failure to employ them by payment to them of the sum of money opposite their respective names : Melvin Hall, Prineville, Oregon ---------------------------- $25.00 Ralph Hall, 653 Adams St., N. E., Minneapolis, Minn__.______ 100.00 August J. Muller, Freewater, Oregon ----------------------- 100.00 Earl Karr, Camp Lewis, Washington----------------------- Harold A. Wagner, c/o U. S. War Department, Washing- 50.00 ton, D."C--------------------------------------- - 50.00 AND IT IS FURTHER ORDERED that the complaint be, and it hereby is, dismissed in so far as it' refers to Milton Box Company, a corporation, named respondent in said complaint. MILTON BOX COMPANY 199 AND IT Is FURTHER ORDERED that the complaint be, and it hereby is, dismissed in so far as it refers to individuals named in exhibit "A", at- tached to said complaint, and set forth in Appendix "C" appended hereto, except as otherwise provided in this Order. APPENDIX "A" EXHIBIT "A" attached to the stipulation NOTICE TO EMPLOYEES OF HARRIS PINE MILLS, INC. The Harris Pine Mills, Inc., in compliance with an order by the National Labor Relations Board set forth below, states that they will not interfere with their employees 'in their right to organization; they will not discourage membership in Lumber and Sawmill Workers, Local Union No. 2644, chartered by United Brotherhood of Carpen- ters and Joiners of America, affiliated with the American Federation of Labor, or any other labor organization, by discriminating in any way against any of its employees for joining any union or for engag- ing in union activities. The said company wants it definitely understood that in the future the said company, its officers, and supervisory staffs, will in no way interfere with its employees' rights to organize. No one will be dis- charged, demoted, transferred, put on less desirable jobs, laid off, or refused employment because he joined or has joined Lumber and Sawmill Workers, Local Union No. 2644, or any other labor organiza- tion. Members of Lumber and Sawmill Workers, Local Union No. 2644, will be treated exactly the same as any other employees. Union membership and union activities, will in no way affect the jobs or rights of the company employees. Employees are free to join or not join Lumber and Sawmill Workers, Local Union No. 2644, or any other labor organization, except that if the company and a union represent- ing a majority of its employees agree upon a closed shop contract, the provisions of such contract and of the National Labor Relations Act shall apply. If the company, its officers, supervisors, have in the past made any statements or taken any action to indicate that its employees were not free to join Lumber and Sawmill Workers, Local Union No. 2644, or any other labor organization, these statements and actions are now withdrawn and the policy outlined in the preceding paragraph shall apply. . 200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Here follows the order of the Board: The National Labor Relations Board hereby orders that Harris Pine Mills, Inc., a corporation, Pendleton, Oregon, its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Discouraging membership in Lumber and Sawmill Work- ers, Local Union No. 2644, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the Ameri- can Federation of Labor, or any other labor organization of its employees, by discharging, laying off, demoting, refusing to hire or reemploy or reinstate any of its employees or prospective em- ployees, or in any manner discriminating in regard to their hire or tenure of employment because of their membership in or ac- tivity in behalf of any such labor organization ; (b) In any other manner interfering with, restraining, or coercing their employees in the exercise of the rights to self organization, to form, join or assist labor organizations to bar- gain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Immediately post in conspicuous places in and about the plant of Harris Pine Mills Inc., at Pendleton, Oregon, and maintain for a period of at least 60 consecutive days from the date of posting a notice to its employees in the form marked Exhibit "A" and set forth in Appendix "A" attached hereto and by this reference expressly made a part hereof. (b). Notify the Regional Director for the Nineteenth Region, 407 United States Court House, Seattle, Washington, in writing within 10 days from date of this order what steps the respondent has taken to comply herewith. (c) Respondent Harris shall offer to each and every person whose name appears in Exhibit "B" set forth in Appendix "B" attached hereto immediate employment in the same position or in a position substantially similar to that occupied by said employee when last working for Milton Box Company immedi- ately prior to December 19, 1939, such offer to be made in the following manner : Respondent Harris shall mail by registered mail, return receipt requested, a written offer of employment to each of the persons named in Exhibit "B" at the address appear- ing opposite the names appearing on Exhibit "B". If the respec- MILTON BOX COMPANY 201 tive individuals named on Exhibit "B" do not reply accepting such offer within a period of fifteen days said offer will be deemed to have been rejected by-the person so failing to accept such offer of employment. Any and all persons accepting the said offer of employment within the fifteen day period shall be em- ployed by Respondent Harris at a rate not less than forty cents per hour within thirty days after the receipt by Respondent Harris of the acceptance of the offer of employment. (d) Respondent Harris shall make whole each and every per- son whose name appears in Exhibit "B" for any loss of pay he may have suffered by reason of Respondent's failure to employ him by payment of the sum of money set forth opposite the respective names on Exhibit "B". (e) Respondent Harris shall place upon a preferential hiring list Earl Karr and Harold A. Wagner, said individuals to be given the first employment available, in the same position or in a position substantially similar to that occupied by said indi- viduals when last working for Milton Box Company immediately prior to December 19, 1939, when Respondent has been notified by said individuals that their term of military service has ex- pired; provided, however, that said individuals must make appli- cation for such employment within thirty days immediately following their respective discharge from the military service. (f) Respondent Harris shall make whole the following named persons for any loss of pay they may have suffered by reason of Respondent's failure to employ them by payment to them of the sum of money opposite their respective names : Melvin Hall , Prineville, Oregon----------------------------- $25.00 Ralph Hall, 653 Adams St., N. E., Minneapolis , Minn---------- 100.00 August J. Muller , Freewdter , Oregon---------------------- 100. 00 Earl Karr, Camp Lewis, Washington------------------------ 50.00 Harold A. Wagner, c/o U. S. War Department, Washington, D. C---------------------------------------------------- 50.00 . The Company has given strict instructions to its supervisory staffs to comply with the above and any departure from these instruc- tions will be dealt with accordingly. (Signed ) HARRIS PINE MILLS, INC. By ------------------------ Title ------------------------ 202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX "B" EXHIBIT "B" attached to the stipulation Name Address Amount Alf H. Aas_____________________ Willow Ranch, California------------ $25. 00 Kenneth R. Bowman____________ Box 92, Pomeroy, Washington-------- 25.00 Travis M. Buell ----------------- Parkdale, Oregon____________________ 25.00 Cornelius B. Dirksen____________ Freewater, Oregon___________________ 25. 00 Robert Fairens_________________ Milton, Oregon ---------------------- 25.00 O. R. Hainline_________________ Freewater, Oregon___________________ 25.00 Jacob Hess_____________________ Freewater, Oregon___________________ 25.00 Leland Hudson_________________ Freewater, Oregon___________________ 25.00 J. R. Jonas --------------------- Route 1, Freewater, Oregon__________ - 25.00 Steven C. Kabenek______________ Killdeer, North Dakota_______________ 25.00 Richard Schultes_______________ Box 232, Streeter, North Dakota______ 25. 00 John C. Strode_________________ Kern, Oregon________________________ 25.00 Tom Walker____________________ Box 273, Freewater, Oregon__________ 25. 00 APPENDIX "C" EXHIBIT "A" attached to the complaint 1. Aas, Alf H. 22. Grogan, D. C. 43. Lindt, M. D. Henry 2. Abbott, Chas. 23. Hainline, O. R. 44, Mauch, Jake 3. Beck, Cornelius 24. Hall, Melver 45. Muller, August J. 4. Bowman, Gladys 25. Hall, Ralph 46. Peck, Samuel 5. Bowman, Kenneth R. 26. Harr, Henry 47. Rhea, Conser 6. Brown, Glen 27. Hess, Jacob 48. Ries, George A. 7. Brown, Harold 28. Hodge, William W. 49. Schimke, Albert 8. Brown, Harvey, D. 29. Hudson, Leland 50. Schuarts, Harry 9. Brown, Herbert A. 30. Hume, David S. 51. Schultes, Richard 10. Buell, T. M. 31. Hutchinson, Wm. 52. Schumacher, Hannah 11. Burgess, Harry 32. Johnson, Robert P. 53. Strode, John C. 12. Nutenschoen, Bill 33. Johnson, Harold 54. Timmons, Emory 13. Carter, Cecil 34. Jones, Cecil 55. Vietz, Sam 14. Carter, Ruth 35. Jonas, J. R. 56. Wacker, William 15. Clark, Anna 36. Jones, Norman 57. Wagner, Harold A. 16. ' Clark, Perry B. 37. Kabanek, Steven C. 58. Walker, Tom 17. Diggins, Dave 38. Karr, Dwight 59. Zickuhr, A. E. 18. Dirksen, Cornelius B. 39. Karr, Earl 60. Carlson, Walford 19. Farrens, Robert 40. Karr, Floyd 61. Ford, William H. 20. Freeman, Rd. F. 41. Kessler, A. E. 21. Gleason, Sam 42. Koon, Howard MR..,GERARD D. REILLY took no part in the consideration of the above Decision and Order.