Everett v. US Sugar Corporation Transcript 2
Public Court Documents
June 6, 1972

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Brief Collection, LDF Court Filings. Everett v. US Sugar Corporation Transcript 2, 1972. 3ad20f4e-b19a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/3d8d232a-3489-4e55-a7eb-c1ebf210d9ba/everett-v-us-sugar-corporation-transcript-2. Accessed April 19, 2025.
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bustei u. s. a \ & v IN T H E D I S T R I C T C O U R T O F T H E U N I T E D S T A T E S F O R THE S O U T H E R N D I S T R I C T O F F L O R I D A No. 71-610-Civ-CF EVERETT, e t al., plaintiffs, v . SUGAR CORPORATION, De fe ndan t. M i a m i , F l o r i d a Volume 2 transcript OF PROCEEDINGS AFTERNOON SESSION Miami, Florida June 6, 1972 1:30 p.m. (The trial resumed pursuant to recess, and the following pro ceedings were had:) THEREUPON-- GEORGE YON resumed the stand and further testified as follows: THE COURT: Gentlemen, we had the witness, Mr. Yon, on the stand. MR. SANDERLIN: Yes, sir. THE COURT: Counsel, you may proceed. MR. SANDERLIN: Thank you, Your Honor. DIRECT EXAMINATION (Continued) BY MR. SANDERLIN: (l I believe the last question was in the area of whether or not the dragline operators and the operator of the ditching machine were separate jobs, separate job classifications. A No, the men could usually transfer from one machine to another. Q. So this depended upon the work to be done ? J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R , U . 3 . D I S T R I C T C O U R T M IA M I . F L O R ID A o a ic i Yon--direct A. Work to be done. 0. Okay. Now, if a dragline operator transferred from, say, a ditching machine, wh?<_ did j the oiler who was working along with him on the drag line machine do? A. Well, if we had nothing else, we could put him on--we would just have to lay him off, eliminate the job until it was necessary. q, What else did you put him on? , k Well, most of the times it would be during vacation and they would relieve some place. The down time on those machines would usually be | vacation time, and you could find other places for him to work while his machine was down. THE COURT: Are you talking about the oiler on the machine? I THE WITNESS: Yes. BY MR. SANDERLIN: Qi Is this during the summer months? »A. Yes. Well, the men in this department I could take their vacation any tine of the year that they wanted. We didn't stick to the regular summer- time., q. You use tha term "during the vacation j i) l I_________________________________________________________________ _— ------ -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . O I S T R I C T C O U R T M IA M I . r L O R iO A J3IO*. II 1317 • Yon--direct 1 time these men"-- I A I meant during the time someone was on vacation. 1 If they could relieve some other place, we arranged it, to try to take care of them; ! but these men could take a vacation any time of the • year; but they cooperated or we tried to arrange for all the other men to work, keep everybody working, so we would place them some other place. Qi Are you speaking of some other 1 j department? A. No, in the Drainage Department. Q. Well, somewhere else in the Drainage ji Department? I 3 A Yes, on another machine. • Qi And sometimes it would be on a ditch- ' ing machine? « A Sometimes. G Nov;, what would be the entrance requirements for a dragline operator? In other words, what would he need to know before he could become a dragline operator or a ditching machineI ! operator? i 1 A Well, it takes a certain amount of 1 J A C K H. G R E E N E O F F I C I A L C O U R T R E P O R T U . S. D I S T R I C T C O U R T M I A M I . F L O R I D A 03101 practice. Naturally, you just can't walk up there and, as I have explained, you have got to have a chance to try it out; but it would take someone several months or maybe a couple of years to be a good dragline operator; and, as an oiler, they let him operate while they eat lunch or let him spell them for thirty minutes each day. He has to be trained by someone else. Q. And this is how the oiler learns how to do it during the lunch--during the lunch hour he * gets a chance to practice? A. Yes. ql And he can practice sometimes if he doesn't slow up the production, this kind of thing which took place? 'A. Yes. Ql I take it that there are no special requirements prescribed by the company yes for thi3 --no prerequisites prescribed by the company for this? A. No. q. Now, what would the prerequisites for the job of oiler be, if any? A. There is none except just to be alert ar.d physically able to climb around over machines. Yon--dimct J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 3 . OI S T R I C T C O U R T Yon--direct i; i & So there was no educational require ment; he wouldn't need a high school education? A. He wouldn't necessarily have to have it. ^ & Would you be looking for a person, perhaps, with a high school education? A. No, we wouldn't specially require that. Q. Now, as superintendent there, it would be your primary responsibility to determine the pre requisites for a man, whether he could do the job, 1 when it came to hiring him? k Yes. q. And you would either interview him or have someone else interview him, that is, help you to make this determination as to whether or not the person cou'ld do the job? k I usually did that myself. The foreman or supervisor would bring them in and I would talk to them. Qi Would the personnel office sometimes send someone over? k When we ask them. Ql And sometimes you would ask them? k Have to notify them, if ve dr'c III J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 8 . D I S T R I C T C O U R T M I A M I . F L O R I D A 2 3 i o t Yon--direct someone. q. You would ask them, say, for the position of oiler? . *’A. I don't remember that particular position having any--no, I don't remember any case where they had to find someone for us. THE COURT: Are you talking about these operators? MR. SANDERLIN: I’m talking about oilers. 3Y MR. SANDERLIN: q. Wouldn't there be tines, say, for instance, when there would be a vacancy and someone could come off the street, not having worked for the company before? A. If we had a vacancy, we advertised it and we sent the personnel department a copy of the advertisement when we put it on the bulletin board. q. So, how would you advertise it? A. We put up a written bid, write out the bid, or a notification that the job is open ana you post that on the bulletin board, different bulletin boards. And if it was not filled, '-'hat would J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S. D I S T R I C T C O U R T M IA M I . F L O R I D A 33IOI 13 2 1 Yon--diroct you do? A. I would call the personnel department and ask them to fill it. That would be the procedure. ql I see. Now, as to a foreman) would there be any prerequisites or qualifications for the job of foreman? A. Yes. q. And what would they be? A. Well, they would need to know some thing about bridge-building and the other things that we have to do there. q. B r i d g e - b u i l d i n g , r i c k - r a c k i n g ? ' a. Rip-rapping. The word is "rip-rap." THE COURT: What is that? THE WITNESS: It is using sandbags with cement and sand or either boulders to build.a head- wall either at an abutment or over at the end of a culbert, anyplace that the bank might wash. THE COURT: Thank you. BY MR. SANDERLIN: gt Would he need to have some knowledge of dynamite? A. Yes. a And what is involved in th* dynamiting: J A C K H. G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 3 . D I S T R I C T C O U R T M IA M I . F L O R ID A 33101 Y o n - - d i r e c t THE COURT: Well, that's a difficult question, "what's involved." HR. SANDERLIH: I withdraw it, Your Honor. * BY MR. SAtlDERLIH: Q. In terms of qualifications of a person doing dynamiting, what would be some of the things that you would look for in terms of people handling the dynamite? A. Someone that would be careful with it. * It's a dangerous operation, and someone that knows how to be careful with it, understands the things that are dangerous, someone that knows how to placei the dynamite, how much to put in each hole he drills or how close to drill the holes to break the rock, which is determined, maybe, after your first shot. It may vary a bit. You have to watch your rock and if you are shooting and it failed to break it, you wculd have to change your procedure; or if it is breaking too much, you save money by making a change in the distance of the holes apart and the amount that you put in each hole and how deep you put it. It is kind of a complicet: : :-ou to do J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S. O I S T R I C T C O U R T M I A M I . F L O R I D A 33101 Yon--direct it right. You have to have someone with enough experience to know what’s wrong when he is not getting the results from the amount of pov/der that you use. It's a dangerous and an expensive operation. You don't want to waste it. Insofar as making up a charge of dynamite and putting it in a hole, that’s easy. q, What's involved in that? ft. Well, there are several kinds of dynamite. The kind mostly used is just in a stick. The dynamite or ingredients is wrapped in wax paper and then tied. We use some that is two inches in diameter and 24 inches long. . Some of it is smaller, depending upon the process of shooting. We mostly use electric blasting caps, which is a little thing like an inch of pencil, just a small--with two small wires. The wires vary in length, depending upon how deep the hole is going to be. You punch a hole in the dynamite stick with a wood punch. You don't use metal and you generally push that cap in there and tie a loop around the stick, a couple of loops with the wire, so it doesn't slip out as you J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T M IA M I F L O R ID A -3310! Yon--d irect push it in the hole. Those wires are then connected to lead wires and which it takes two. Now, if you are shooting in parallel, you take one wire and go to the next hole and wire it to one of them wires and on down the ditch. You can shoot it that way or you can have a wire on either side of the ditch and put one wire over on one bank and one on the other and you have clean places to run these cap wires to. 0, Qt Well, could a person come off the street and make up dynamite? A. Yes. You can show him in ten minutes how to make it up, if he is careful with it. To show him how to do it is no problem. The problem is knowing what the dynamite is doing and how to change it if it's not doing the job that it should do. Q. Okay. Now, in terns--well, then, in other words, you are saying it is the depth of the hole that is originally drilled which is a determining factor? A. Sometimes. Q. And how the wires are connected together? I J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T M I A M I . F L O R I D A 33*01 Yon--direct ft. If the wires are connected up to where they shoot; that's all you can do. Once you check then--if you check then, the wire--that's just a matter, a means of putting the dynamite off and it has nothing to do with what the dynamite does down in the hole. Q. In other words, your company would trust someone coming off the street and let then handle dynamite the first day on the job? ft. With the proper supervision. Q, And you are saying inside of ten minutes? A. Yes, you could show him how to move it around and handle it. Qi V7ell, the point which I an making is, could he handle the assignment, making up the dyna mite? Let's say he starts at six-thirty or seven o'clock in the morning and someone goes out and gives him ten minutes of briefing. You are saying that you could go ahead and let him handle the dynamite? A. Well, what they call making up the dynamite i3 the process of putting the cap in the stick of dynamite. It wouldn't take long to teach a person how to do that. J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . OI S T R I C T C O U R T M I A M I . F L O R I D A 35101 yon--direct g. Ana he could do that in about ten minutes? A Yes, with normal intelligence and care and responsibility. He needs to be careful with it. 0/ How would he know to be careful? You have to show him not to throw it around and step on it and smoke on top of it. Ql Well, assuming— What are some of the other factors that might affect dynamite? Are there not other factors like atmospheric conditions?1 A Yes, weather conditions. If there are thunder clouds in the vicinity, you don't want to be fooling with it; and in the vicinity of high-tension wires, short-wave radios. & All of these are factors? A These are all factors. & In other words, the person making up the dynamite has to be aware of this? A Someone has to be watching those conditions and know when to quit. Q. But let’s say, for instance, the fore man is a good distance away from the men making up the dynamite. Does the foreman actually see the job? i w Y e s . J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T M I A M I . F L O R I D A 3 3 i O l 327 ii Yon-“direct qi He sees the actual making up the dynamite? A. Not nutting it— capping it, every stick. He mostly watches where it's going into tne hole. They usually nake it up at the magazine or close to the source of supply. q. But how about down in the hole? He would see that? A. Yes. q. Don't the men occasionally have to go* under water or under mud to see it? A. No. q. They don't? A. They have to wade in the mud--some- j times— if you are loading in a ditch and there is a little bit of water in it, you pump them out dry as you can, Well, if there would be some mud left-- would there? A. Ql There would be some mud left, yes. And this would be where the men would be operating, would it not? A. It would be where he would do the | loading, yes, with sene type machine. J A C K H. G R E E N E O F F I C I A L C O U R T R E P O R T E R •J. S . D I S T R I C T C O U R T iv i .A N ii. F L O R ID A 33JOI Yon--diroct . i ■> ■ & And this is where the rigs would be for the drilling of the dynamite? A. Yes. Ci Now, wouldn't a person who actually touches it off be a distance away? A. Yes, he better be a distance away when they put it off, yes. Ci At the time that it is installed, the dynamite is installed in the hole? A No, he has to be there to push it in the hole with a stick or either blow it in there with air pressure. Q. And who does this? A The loaders, the men down in the ditch. Ci Okay. Now, are there some determina- tions that they have to make as to whether or not the effectiveness of their job is there and also in terms of their own safety and others? A Well, they should handle it carefully, yes. They shouldn't throw it around and step on it and throw it from the bank down in the ditch. It should be passed around gently. You cannot get care less around it. o. But other than that, you are saying J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 6 . D I S T R I C T C O U R T M I A M I . F L O R I D A j a i o i ‘ C O Yon--direct that there is nothing else to it? A. No. THE COURT: Well, that's argumentative. I understand it. Let's go to something else. Don’t spend any more time on that, please. BY MR. SANDERLIN: q. Nov/, in terms of building bridges, what is involved in building bridges? THE COURT: Counsel, I don't need that. I heard all that and I know generally * what is involved in building a bridge. I know that I can't build one and I know it takes a little experience and some training to do that. There is no need to prove the obvious. I know that a bridge, if it's going to carry a truck or support any considerable weight, has to be constructed by somebody who knows what ha is doing. Now, if you have other questions that go beyond that--if you do, put them; but there is no need to ask him to tell me what goes into building a bridge. MR. SANDERLIN: Your Honor, I'm talking more in terms of qualifications, this kind of thing. J A C K H . G R E E N S O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T M IA M I . F L O K I D A « : o > Yon--dir ect THE COURT: Well, you don't have to graduate from M.I.T. to do it or Georgia Tech; I know | that; but I could not build one because I never built one. Could you build a bridge? * MR. SANDERLIN: No, sir. THE COURT: All right, neither one of us could build one, could we? MR. SANDERLIN: No, sir. That’s for sure. j THE COURT: But it takes some know-how and experience, doesn't it? MR. SANDERLIN: Yes, sir. .' THE COURT: I know that, so there i3i ; no need to dwell on that any further, I don t think. MR. SANDERLIN: Yes, sir. % I *BY MR. SANDERLIN: Qi Now, going back to the foreman, you said that the man, to be a foreman, had to have some knowledge of the jobs, some ability to lead men. Now, you were aware of \hr. Leon Mason, his employment at the sugar company in your depart- raent? A Yes, I remember. & And Mr. Clinton Moore? J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 8 . D I S T R I C T C O U R T Yon--direct fV I THE COURT: I couldn’t hear you. MR. SANDERLIN: Mr. Clinton Moore, sir. i THE WITNESS: I remember the name. BY MR. SANDERLIN: V & A & records kept or whatnot?«s ment? And Buster Everett? Yes, I recall all of them. Now, did you— First, let me ask you this: Were any of things about the men— any complaints Were there records kept in the depart- I THE COURT: What kind of records? \ MR. SANDERLIN: Records of complaints. THE COURT: Complaints? . t I MR. SANDERLIN: Yes, sir. THE WITNESS: No. BY MR. SANDERLIN: g. Would there be any way of knowing whether or not there would be any kind of complaints and whatnot— 'would there be anything in the personnel files, anything to reflect any complaint about the man’s work at that time? A. There is a certain record which is if * - ̂ v> r- ̂Vr i nrr £^ \ ̂r*'! tfi S O F F I C I A L C O U R T R Cr’C.R TE R U . S . D I S T R I C T C O U R T Yon--direct applies mostly to union men. They have sere rule for suspension or what they call a book suspension. We don't actually lay them off. I never had any of them in vSj depart ment. (1 So do you recall any complaints about the work of Leon Mason or Clinton Moore or Buster Everett? A. Not those two, no. Ci Well, I also said Buster Everett. A. No. Q. All right. Nov;, has any foreman ever started out as an oiler in your department? A No. Qi They are all hired outside of the department or did they work up from within, from some other work? A Some of the foremen came from other departments and as the company grew they were con solidated, departments were consolidated. Some of the men had worked up through other departments. Cl Nov;, was the laborers' job considered in the line of progression in the Drainage Department? A 11 was considered tnat, y • • J A C K H . G R E E N E £ p r i r r U . S. i C O ' ' o t p r p n p T C R D I S T R I C T C O U R T Yon--direct Q. Now, have any of the laborers ever moved up from a laborer up to oiler or whatnot? A. No. Q. Now, on bids for jobs--were V;hey always posted in your department? A. Yes. Qi And were they posted where anyone in the Drainage Department could see then? A Yes. & Where were they posted? <1 A There was a bulletin board under the \ shed, just outside of my office door, and there was one uptown in front of the main office. They were also sent around to the other bulletin boards at the mill, P.M.S., and other places. Now, did you ever discuss with any of the laborers the bidding of a job on oiler? A No. (i Would it be possible that from the history of that department, in other words, all blacks being laborers and whites occupying the other jobs-- isn’t it possible that the men felt that the bidding of the job was not open to them? A. It’s nossible, but I don ' +■ wh J A C K H G R E P N f ! U . •- D I S T R I C T C O U R T Yon-~direct they got the idea. MR. KELSO: Your Honor, I object and move to strike the question and the answer. THE COURT: The objection is,sustained. The motion is granted. It's objectionable for two reasons. First, you asked him to engage in or discuss a possibility. Second, you asked him about the mental reactions or thoughts of third persons, so it is doubly objectionable. The motion to strike is granted. MR. SANDERLIN: As to the latter part, j this is a superintendent who-- THE COURT: That doesn’t make any difference. You cannot ask the witness to describe j to you the mental operations of Mr. Mason, because he i is not equipped to do that. Now, he can tell you what Mr. Mason said or did but not what he thought. Let’s go on to something else. We are wasting time. MR. SANDERLIN: Yes, sir. J A C K H. G R E E N E O F F I C ' A I . C O U R T p m e n Q T F R u . S . D I S T R I C T C O U R T Yon--direct BY MR. SANDERLIN: g In the past ten years do you know of any black laborers that have moved from the labor department up in the Drainage Department? A. No, they have moved from the lower pay to the higher pay. There were different rates of pay. g Well, that's just a raise. I'll ask you this: Are there different classifications for laborers? A. Yes. There is a Laborer and Drainage Helper II, the way it's classified. THE COURT: I don't understand. S THE WITNESS: It is a Laborer and Draincige Helper No. 2. THE COURT: Which is above the other? THE WITNESS: Drainage Helper II. THE COURT: Thank you. BY MR. SANDERLIN: g What would be the difference between the two positions? A In salary or in the position, what they do? g Well, first, his position, the thing I that thev do. J A C K H . G R E E N E O F F f C » * L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T Yon--direct A. Well, if they went to work in the dynamite crew or a bridge crew, they would get a rai3e they would be promoted tc higher pay. Q. Then the distinction is one taf pay rather than job duty? A. That's right. Mostly it depends upon | the length of time they have been there, if it "pans ' out" for a few months. q. So then he gets a raise and moves from I Classification I to Classification II? * A. Correct. / (i Now, in terms of qualifications and j difficulty in job performance, how would you assess I|| what is needed for the job of oiler? I A. He should be intelligent. It doesn't require a whole lot of education. He should be intelligent in the work and physically able to do the I work. Qi But in terms of, say, difficulty of it or the job being more difficult than other jobs, as you apply these standards A, Well, he is resnonsible for watching | j the machine while the operator works. There are a number of pi •* --e u ' J A C K H . O R E S N C O F F I C I A L C O U R T R Z P O R T Z n U . 5 . D I S T R I C T C O U R T Yon--direct -5 ■» n to be checked during the day and watched, a number of bearings, oil boxes and stuff, and also to--they usually have to set stakes. If the operator is digging a ditch, the oiler has to set 3 takes and keep it lined up for him. q. Setting stakes for the dragline who is digging the ditch? A. Yes, set stakes for the dragline to dig by. for digging? THE COURT: In other words, guidelines THE WITNESS: The dragline is primarily for digging a hole. THE COURT: Yes, but the stakes are guidelines? sorry. THE WITNESS: Yes, guidelines. I'm THE COURT: All right. I understand. You may proceed. BY MR. SANDERLIN: Q. Wouldn't there be times when the oiler wouldn't have much to do? In other words, if the machine is oiled up in the morning, then it wouldn’t li bti necessary to” — A C K H G R H E N H O r r l C i A L C O u i . i ! ' -• win i w<i U . S . D I S T R I C T C O U R T 1333 . A Yon--direct A. It depends upon v;hat the machine is doing. If he has to set stakes, that takes up quite a bit of his time. If he is cleaning a canal that is already dug, he doesn't have to set the stakes. He would have nore spare tine. It just depends upon what he's doing. Q, Mr. Yon, does the State of Florida require a license whenever dynamiting is involved? A. Yes. * £ What kind of license is required? A. Well, I don't know. What kind is required to drive an automobile? gt By that I mean, does the company have • j to take out a license? 'A. The company has to taka out a license and the man has to have a license on the job. Qt The company has to have a license? A. To buy and use it. q, And the man out on the job has to have one? A. A license to handle it. Qi Do you know what the qualifications are for obtaining a license to handle the dynamite? J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D i S T R I C T C O U R T M i a m i F i . O P ’ D A a g i o i Yon--direct ft. Well, yes. As I explained, he has to I know how to handle it.I q. Does he have to take a test, as far as j you know? A. Insofar as I know, no. This lav? has been in effect for maybe fifteen years, but the company has to certify and they are responsible to see that the man is qualified.I Ql Okay. In other words, if the man 1 applies for the license, then the company can certify ! that ho is responsible and qualified to handle it? I ft. Yes. Some counties require a separate license where you have to take an examination. If I'm not mistaken, Dade County is -j one of them.> •Qi But we are talking about Hendry County, ft. Hendry County doesn't, if you get a i state license. q. And so to get the state license, the company has to certify and that's sufficient? ft. I think that's still in effect. They just have to certify. A couple of people that are responsible have to certify and the company has to back it nr. that he is qualified. i i J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T e i o o m s m o i Yon--direct Q. Now, has the company ever certified any of the black people that worked with the dynamite? A. No. Q. Did you or anyone under you ever speak to them about becoming certified for this? ft. No. I have had several men that's been there for years that were certified. They just stayed there for years and we used them. Q. Haven't you hired people who have not had previous experience with dynamite before coming-- A. NO. & All had licenses of their own? A They had had. Licenses are revoked | when they changed jobs. Q. The license goes with the company? •A Yes. Ql How about a foreman named Whidden? A Whidden had experience other places before he went to work for us. We bought a new machine and we had no one who had experience with that machine and Whidden had. Of course, he was working with us at the time in some other department. (l Did he work with the dvnanite crew? I J A C K H . G R E E N E O F F I C I A L C O U R T R £ P C R T u R y U . S . 0 1 S T R I C T C O U l i T M IA M I . F L O R I D A 33«oi Yon--direct A At other places he had. Q. But didn’t he work occasionally over the dynamiting that was done at U. S. Sugar? A. He did when he run this machine. 1 THE COURT: What is his name? 1 ! MR. SANDERLIN: Whidden, W-h-i-d-d-e-n. THE COURT: What is his first name, ! please? 1 MR. KELSO: Noah, N-o-a-h. | THE COURT: Thank you. He has not been under discussion heretofore. MR. SANDERLIN: No, Your Honor. THE COURT: All right. I THE WITNESS : I beg your pardon. I’m mixed up. Whidden has been working with us a long time. Yes, he had been over dynamiting before> years ago he had been. I'm sorry about this. It's another man I was thinking about. Whidden had been building bridges and in construction work for years for the company. He had been working with the company, I think, for about forty years, ever since we started. He had been in that work all the time. J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 6 . D I S T R I C T C O U R T m i a m i n n p i n i ^ - m o * Yon--direct BY MR. SANDERLIN: q. And that’s where he got his dynamiting experience? A Yes. CL How, did any of the laborers, the black i1 I laborers--in observing them did you see any of them j that, in your opinion, had the leadership ability to ! be a foreman?I A Yes, I think they could have. Ql Now, on bidding, would you explain how * i the bidding is done on the job? In other words, let's say it's posted. It is posted that there is a vacancy? I A That's correct.II * -» Q. If there is a vacancy, it's posted. Now, what are the mechanics of bidding? A Well, the union furnishes the form, printed form, that they turn in with their name and qualifications on this form and with the seniority they got or where they have been working. MR. KELSO: Your Honor, to assist, this is goina into a general process and I have some documents. I have no objection to using them in the e ■» — n *• t-e s t i m o n - ’ — ""(I ■“ • '■ J A C K H . G R E E N E O F F I C I A L C O U R T P P P 0 9 T E R U . S. D I S T R I C T C O U R T Yon--d irect THE COURT: Have you seen them? MR. SANDERLIN: No, sir, I have not. MR. KELSO: Here is a bid form— THE COURT: Would you like <ii short recess so that you can look at these? MR. SANDERLIN: I have only one or two more questions, Your Honor. THE COURT: All right, you may proceed, j BY MR. SANDERLIN: Ol You said that the procedure is that the union furnishes the bid form? ■ft. That’s right. ! Q. Nov;, just a few more questions," I I On the morning of October 23, 1963, I I believe you were at the comj^any, in your office that morning? ‘ A. Well, I don't remember the exact date but that's what has been mentioned, so I will consider it correct. Qi 3ut this is the morning that the laborers were there and approached you, or some of them approached you? A Yes. Q. Could you tc3 1 us what tr>- ■ III_ J A C K H . G R E E N E || O F P I C ’ ftL C O U R T R E P O R T E R U . 8 . D I S T R I C T C O U R T Yon--direct morning? A. Well, I was informed by one of my assistants that they wanted to talk to me, so I went - a >out to talk to then. The question was that they wanted more money. I explained to them that I couldn’t give them any answer that morning but that I could assure them that they would get a raise, that it might be the next day or two day3 , but I was sure it would be within I two weeks. i * I was informed that that didn't satisfy them. They wanted it right then. ■> 0- You say you were informed? A. I was told by the spokesman. THE COURT: Who was the spokesman? THE WITNESS: I don't remember. They had elected one that done most of the talking. I don't remember which one it was. THE COURT: What was it that you told them? THE WITNESS: I told thorn that they were going to get a raise right soon. I couldn't ! tell them that morning how much it was or just when j { * 4» * • » -* ^ ^ A ^ * » * * - ^ ~ -C • * - * - V “ V ^ j j * W W* W «!■«««■«> **■ i '* - • •■ “ * * * ' * J A C K H . n R cr r M E O F F I C I A L C O U R T Kf! O R T U R U . 5 . D I S T R I C T C O U R T Y o n - - d i r c c ! be within a couple of weeks and maybe sooner. Well, 1 that didn't satisfy them. | BY MR. SANDERLIN: (X Had you been informed that tf.ere was ! going to be a raise? A. Well, I knew that. Q. How did you know that? K I knew it was the tine of the year thatI ! they usually was entitled to a raise. Yes, I knew ! that they were going to get a raise. 1 * Qt In other words, did someone from | inside of the company tell you? A. Yes. j Ql So you had it on good authority? ; A. I had it on good authority that there I .was a raise coming. Q. Now, you recall your deposition being i taken on May 4th in the Clewiston office, do you not? A. Yes. MR. SANDERLIN: Just one moment, Your Honor. THE COURT: Yes, sir. MR. SANDERLIN: I withdraw that last c[ u c 31 x o n < J A C K H G P *=■ K N U . S . D I S T R I C T C O U R T Yon--diroct THE COURT: Yes, air. BY MR. SANDERLIN: Qi However, this i3 what I would like to ask you. Now, the foremen there worked directly | || under your control or did work directly under your i ’ ?' i control? A. Yes. q, How much discretion did the men have?I ; | I'm thinking particularly in terms of hiring andii [j firing. THE COURT: Which one, the foreman? THE WITNESS: The foreman? MR. SANDERLIN: Yes, sir. THE WITNESS: Well, now, the men that ii you call "foremen*’ like thos operators* or the man in l| 1 ! charge of-shooting dynamite had none. They couldn't hire nor fire anyone. BY MR. SANDERLIN: q, But these were still foremen? A. They were in charge of the job while on it and gave instructions and directions to their i helpers. THE COURT: Are you talking about the I machine operators? J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T Yon--direct ( • |_3 A 7 THE WITNESS: The machine operatorsI or drill-rig operators or punp operators. They were foremen in a sense on the job right there and could | tell the men what to do and how to do it; bit they j j had no authority to hire or fire anyone. I only had my assistants, We had three, and there are only two concerned with this m the Drainage Department, and myself that hired or ! fired. BY HR. SANDEELIN: % Q. You say two assistants? A That's right. £ And who would they be? A One of them was Cluie Hancock and ! Eugene Hingson, THE COURT: Hew do you spell his last name? jTHE WITNESS: Hingson, H-i-n-g-s-o-n. IMR. SANDERLIN: We have no further questions. THE COURT: Thank you. Cross-examination? MR. KELSO: We will call Hr. Yon on i! our direct case, sir,|jII ' __ ___ _______ __ - .... j " ~ I | J A C K H . G R E E N E || o f f i c i a l c o u r t r e p o r t e r U . S . D I S T R I C T C O U R T p i e o * r i ^ ->« • i-\i 2 4 8 M THE COURT: You aro excused, Mr. Yon. (Thereupon the witness was excused.) THE COURT: You nay call your next ■k‘j witness, please. MR. SANDERLIM: V7e would like to call Mr. Fred Sikes. THEREUPON-- FRED C. SIKES was called as a witness by the Plaintiffs and, having been first duly sworn, was examined and testified as follows: I THE COURT: How do you spell your last name, sir? THE WITNESS: S-i-k-e-s. THE COURT: Thank you. You may proceed. DIRECT EXAMINATION BY MR. SANDERLIN: q. Would you state your name? A. Fred C. Sikes. q. Where do you live? A. Clewiston, Florida. ql And are you employed or associated » -v. ^ - ^ ( A r twith the U. 3. ougar J A C K H G R E E N E sytrtriCifi.L C O U R T P p P O R T ( -R U . 8 . D I S T R I C T C O U R T I Sikes-direct A. Yes, I am.I Ci What is your position with the corpo- ! | ration? A. Presently, I'm vice president in charge of personnel. q. And who is the chief executive officer j of the corporation?* £ j A. Mr. John B. Boy, B-o-y, is the presi dent of the corporation. Q. Are there other vice presidents in the corporation? A. Yes. Oi And who are they? A There is Mr. Clarence W. Knecht, K-n-e-c-h-t, Vice President of Engineering. There is Mr. 0. II. Sheppard, g-h-e-p-p~a-r-d, Vice President of Agricultural Operations. There is Mr. S. L. Crochet, C-r-o-c-h-e-t, Vice President, Cattle Operation? and there is Mr. Harry T. Vaughn, Jr., Vice President, Administrative, Sales, Warehousing. q. Now, what are your duties, sir? A. I have not quite finished, J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T M U M I . F L O R ID A , 3*101 Sikes--direct Q. I'm sorry. A There is Mr. S. K. Swayne, S-w-a-y-n-e, who is secretary-treasurer of the corporation. There is Mr. A. R. Mayo, M-a-y-o, Vice President of the Sugar Houses. I believe that's the slate. Q. What are your responsibilities and duties? A Primarily to soe that each operating unit of the corporation is supplied with the personnel * it needs in order to properly perform its functions, to administer the Workmen's Compensation Act, to administer the group insurance and loss program that the company has for its employees, to administer the Retirement Income Plan that the company has for its employees,' and to do any and all other things that may pertain to personnel work and which may be neces sary to see that each of these units has the required number of people qualified to carry on their functions properly. Q. Now, does your office set up the pro cedures whereby personnel records are kept? A My office along with the Payroll J A C K H . G R E E N E c o u r t n p o o f l ' - p U . S . O ( S T R I C T C O U R T 351 4** Sikes--direct Q, Now, does your office do the screening of employees? A. Not in every instance. & So, in other words, there are some employees that can come directly to your department for applications, in instances where employees come to the personnel office for application for employ ment? A. There are instances. Cl Now, are there instances where employees know of a vacancy and then go directly to the responsible person in that department? A. Yes. Q. Now, when a department has a vacancy, what happens in terms of their relationship to your office? A. Within or without the collective bargaining unit? Q. Well, okay. Let's say within the collective-bargaining unit. A. Within the collective-bargaining unit, the initial responsibility of the foreman within that department is to post a notice on the bulletin boards that a vacancy exists and to cay that, bids will bo J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 8 . D I S T R I C T C O U R T M I A M I c* C l*??O A 3 « ’ OT i 11 •i•ii ;i received f r o m applicants who wish t o be c o n s i d e r e d for that p o s i t i o n , f o r a period of f o r t y - e i g h t h o u r s . At the expiration of the forty-eight hours, it is his responsibility to consider a n y bids that nay have been received. He nay or nay not call upon Personnel for advice in connection with the consideration of the bids. Q. N ov/ , after the expiration o f forty- eight hours, and he chooses to call upon Personnel, what happens then? Sikcs--direct A Assuming he has received bids? Ql Well, let's assume he had received : bids. A He has received bids? Cl Yes, that situation first. > A If he has received bids and he wishes our advice and counsel in connection with the con- | sideration of the bids, then we will g i v e him that | advice and counsel as t o w h i c h i n d i v i d u a l w e t h i n k i s ; the better one of those who have submitted bids and who nay be selected in accordance with the terms and I conditions of the collective-bargaining agreement. || 0. All r i g h t . Now, let'3 assume t h a t there are no bids. iiII J A C K H . G R E E N E O F F I C I A L C O U R T R E ° C R T £ R U . S . D I S T R I C T C O U R T cm O n i P S 11' a i A. If there are no bids at the expiration of the forty-eight-hour period, then he may call upon us for assistance in filling the position, in supply ing him with candidates to be interviewed for the filling of the position; or he may have a candidate who has come in from some other source to him. If he wishes to employ this individual, he will then send him to our office for process. Q. Nov;, this is within the collective bargaining agreement or outside of the collective- bargaining agreement? Is there any difference? A. There is no requirement to advertise any vacancies for positions that are outside of the collective-bargaining unit. • . j Qt If a vacancy occurs then outside of the collective-bargaining agreement, what happens? A. The particular department will advise Personnel that they need X number of people or a person for a given position. He may, on the other hand, say that he has a person whom he wishes to employ; and in that event he would send that person to our office for processing. Sikes--direct r* e * r» 4 - • j p f p J A C K H . G R F E N E A c p i r i v p r o o R T c p U . 6 . D I S T R I C T C O U R T If f V ' jr> Siko3--dlrect however, we than, through whatever facilities we have at hand, make an effort to obtain candidates for the position or positions to be filled in that department. Q. And dees this include advertising? A It may. Going to other agencies like the Florida State Employment Service? ft. It may, but all of these-- 0- At least would there be other things that you might do? * A Yes; word of mouth wc find is good advertising throughout the community in which we operate. Qi Okay. Now, we were talking about these procedures. I'm assuming that these procedures would apply to the Drainage Department. V?e are talk- ing about the Drainage Department as well as other departments in light of what you just described. A The Drainage Department has positions that are subject to the collective-bargaining rights of the union. It has ether positions that are not. The first description that I gave you with respect to t h e f. i 11 i T t o £ o o a i 1 1 or* 55 n1 ? b ̂ £ c t: t*.c h^ c? — J A C K H G R E E N E O F F I C I A L C O U R T R E P O R T C R U . S . D I S T R I C T C O U R T Sikes--direct bargaining rights of the union would apply to the position of dragline operator, ditcher operator, : oiler, serviceman, blaster. The positions of laborers, Construction Worker I, Construction Worker II, are not within the collective-bargaining rights. THE COURT: Let's go back now. Those that are within are dragline i operators-- THE WITNESS: Dragline operators. % THE COURT: Ditcher operators? THE WITNESS: Ditcher operators. •, THE COURT: Three — THE WITNESS: Oiler on the dragline. THE COURT: Oiler on the dragline, yes. THE WITNESS: Blaster. THE COURT: Yes. THE WITNESS: Serviceman. THE COURT: Yes. Nov;, all others are outside? THE WITNESS: All others are outside, ‘ sir. THE COURT: New-- THE WITNESS: Your Honor, there is one J A C K H . G R E E N E |i O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T Sikes--direct additional job classification for which there is one person subject to the collective-bargaining rights of the union. That is VJorking Foreman. THE COURT: Now, give me those job classifications that you gave a fev; moments ago that are without the collective-bargaining unit. THE WITNESS: Drainage Laborers, Construction Workers I. THE COURT: Just a minute. Construc tion Worker No. 1-- THE WITNESS: One; Classification I. THE COURT: , Yes. S THE WITNESS: And Classification II. THE COURT: Thank you. BY MR. SANDERLIN: Q, What is the difference between a Drainage 'Worker or Drainage Helper and a Construction Worker or Laborer Classification I and II? First, I would like to know this: Are you talking about three types of classifications? A. Yes. Q. Three; Drainage Worker or Helper-- A. Or Labox'er, would be one; Drainage Laborsr-Drainage flelne.r are synonymous. J A C K H G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T Sikes--dxrect Q. All right, Nov;, what is the second classification? A. Construction Worker II, going up the ladder. Q. All right. A. And Construction Worker I. Q. Okay, Now, what is the difference between--is there a difference in pay between a Drainage Helper and a Construction Worker I? A. Yes.* Q. Which gets more? A. The Drainage Laborer is the lowest paid. He is at the minimum, $1.87 presently per hour. I would like to refer to my schedule for the other two rates to be sure because there are rate ranges. THE COURT: You may. Do you have it with you? THE WITNESS: Yes, sir. These are current rates. BY MR,. SANDERLIN: Q. Could you tell us what you are reading from? ' r A C K H G P £ p N ell - ....... ... . U . 8 . D I S T R I C T C O U R T *5 C* ^ Sikes--direct JF- agriculture, for U. S. Sugar Corporation. THE COURT: Push that microphone away a little so that we can hear you. THE WITNESS: Yes, sir. This is the authorized labor rates for agriculture of U. S. Sugar Corporation, effective March 6, 1972. The rate for Construction Worker I is $2.45 to $ 2.5 G per hour. The rate for Construction Worker II is $2.14 per hour to $2.35 per hour. The rate for Drainage Helper and/or Laborer is $1.87 per hour to $1.93 per hour. THE COURT: What is that that you are reading from? THE WITNESS: The authorized labor rate for agriculture of U. S. Sugar Corporation, effective March 6, 1972. THE COURT: Who adopted those rates? THE WITNESS: These were adopted by management of the United States Sugar Corporation. THE COURT: You may proceed. BY MR. SANDERLIN: „ a < - J A C K H . G R E E N E rrff i — t < - / M i O T O P P O B T ' O U . S . D I S T R I C T C O U R T ii Sikes--direct terns of--al1 right— of job classification and duties, what would be the difference between the Drainage Helosr and the Construction Worker I and Construction Worker II? r. Prinarily length of service and experience in the performance of their duties. £ Nov;, in terns of-- V7hat experience would be needed for an oiler? In other words, if your office is required to fill a position for oiler, what would your department be looking for? A. We would look for someone who is physically sound, somewhat agile, with a fair degree of intelligence, with not much emphasis on a formal education. q. All right. Now, what would be the responsibilities of the serviceman if you had to fill that position——what would you look for? A The serviceman is only one job whose I responsibility it is to make the entire route each day to each piece of operating equipment, to see that it is properly fueled and to deliver any supplies to that machine that were requested on the prior day's II visit and to see that the fuel and crease and other . . . . .... ' a __ __ •> v» basis J A C K H G P S S N E U . 3 . D I S T R t C T C O U R T Sikes--direct A 3£0 to a given machine are properly recorded and reported back for cost purposes; so that this individual would not only have to have a chauffeur's license but ne would also have to be able to write a legible hand and be able to properly record facts and figures with respect to the supplies issued. Q. Okay; like the number of gallons of gas of diesel fuel delivered, all that kind of thing? A. Yes. Q. Now, in terms of your department * furnishing personnel, you said that your department would give you advice and -counsel in terms of this. Does your office set any criteria for any of the positions in the Drainage Department? A. They invite it— the counsel which I refer to is that the personnel office would supply advice and counsel to the foreman of a given unit, 0j- the superintendent of a given department, if he wished to have it in connection with the consideration of bids submitted on jobs subject tc the collective bargaining unit. Q. I see. Okay. So this would apply to jobs in the department, within the Drainage Depart- JACK H GRcfrNr U . S. D I S T R I C T C O U R T Sike3--direct ^ r * A. Within the bargaining unit. Cl Yes. Now, do you give advice and counsel to the positions outside of the collective- bargaining unit? K If we are called upon to do so, yes. Cl You say if called upon; and you 3ay that you don't volunteer-- H There nay be a need for a laborer, shall we say, in the Drainage Department. This job is not within the bargaining unit and is not adver- tised. The superintendent or his assistant may have an individual that they wish to have con sidered for that job that they nay have already selected. They nay or may not send him to our office or ask us to talk with him to determine whether we will or will not concur with their wish to employ him. This is not a required practice. fL Now, my question was: Dees your department ever volunteer advice and counsel to the Department? A. Obviously, if the superintendent of a |l , J > ^ — r* •> ^ r r ' * " J A C K w O P C H N e U . S . D I S T R I C T C O U R T C* i V r — — ̂ ̂ ̂ n ̂i >1 K G S v.4, w v- employment to our office for processing, and ve dis cover some reason why this person should not be employed, then we would advise the superintendent of the department l (X Okay. So, in ether words, you are saying that your advice and counsel goes to the nega tive aspect? ft. As well as the affirmative. Cl So it could work the other way. Now, I'm asking you, then, do you volunteer on the positive side? i A. Yes. Qi There are times when you volunteer your advice and counsel about an applicant? j { A Yes. Ci Have you ever done this in the Drainage Department? A Yes. Cl In what position have you so volun teered your advice and counsel? A I would say that we have done this with respect to not only the laborers but also with respect to jobs that are subject to the collective- jj bargaining r i y u O j. uu V* . . « • *» ' « i • J A C K H . GRETEN1 O F F I C I A L . C O U K f k u H O r t i U . S. D I S T R I C T C O U R T M i A M i . r u O r u u A u j i OJ 0. Now, i3 this in terms of-- Can you be specific as to the times you have done this? A. Not over a period since January of I 19 4 3 , no. I Q. You say you have not done this? A. I say that I can't be specific as to any given case in a period of almost thirty years. Q. Okay. Can you recall recently, in the j| pa3 t, let' 3 say, five years or ten years? A. The most recent illustration, perhaps,l!'' *?as far as the Drainage Department is concerned, was j j the filling of the serviceman's position at the tine i that Mr. Hall retired. 0 Can you tell us about that?j THE COURT: How long had Mr. Hall been on the job as a serviceman? THE V7ITNESS: Your Honor, he was there when I went to Clewiston on January 1st, 1943 . I THE COURT: When did he resign?i | THE YHTNESS: A couple of years ago ! he retired. *| . ; THE COURT: You all found it difficult I ji to get along without him after all that tine? j THE WITN*’B 3 : Well, not- - Sikes--direct I! it J A C K H . G R E E N E O F F I C I A L r . O ' J R T R E P O R T E R U . 3 . D I S T R I C T C O U R T i lii Sike3--diract THE COURT: You have been able to survive? THE WITNESS: Not inpossible, but— THE COURT: Well, that speaty well for him, if he has been there that long. You may proceed. Pardon the inter ruption . His name is Hall? THE WITNESS: Yes, sir. THE COURT: Thank you. *BY MR. SAHDERLIN: 0 You say that your department offers advise and counsel in the filling of the position of serviceman? A Yes. !0- And how was that? A We assisted the superintendent in l! Ijj selecting the man that we thought was as well qualified Ilias the other bidders and, at the same time, had suf ficient seniority to merit his selection. Cl Okay; but you said that this was among bidders ? A Right. Were there any applicants ■ "he I | JACK H GREENE U . 9 . D I S T R I C T C O U R T Sikes--direct position--by applicants I mean outside of the company. A I don't recall any. Ci In other words, the bid was filled within forty-eight hours? A Yes, sir--well, excuse me. You can fill the vacancy and still forty-eight hours have elapsed. 0. I'm sorry. The bids had come in? A. The bids are received during the forty-eight-hour period. 0 You are saying that bids v;ere received during that period? A Yes. 0 And you selected among those bids? A Yes. 0 Now, you mentioned that your advice and counsel had been given. In terms of the laborers, what advice and counsel have you given concerning laborers within the Drainage Department, within the past five years continuing? A In addition to our year-around personnel, we employ during the harvest season approximately 2,400 harvest hands. My office is solely responsible for J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 3 . O I S T R I C T C O U R T * /"MD * f* ft 36 C Sikes--direct the procurement of those harvest hands and their transportstion to the job site. Q, But we were talking about the Drainage Department and you mentioned laborers. *. I'm sorry. I didn’t realise your question was restricted to the Drainage Department. q. Well, I asked you about the Drainage Department. A. I'm sorry. Q. And ve mentioned laborers. K We would, if asked to do so by the superintendent, review an ̂ application from an indi- vidual for employment as a laborer in the Drainage Department prior to his being chosen for the position, We would probably check one or mere of the references that he had given. Wo would probably check with one or more of the prior employers. q. Excuse me for cutting you off, but my question was really, initially: Do you ever volunteer your advice and counsel? That was my original question. THE COURT: As to the laborers, per taining to the Drainage Department? MR. SAHDEDLIir: Yes, :;i J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T r < ' " ' O *P* A ->i !3 67 ,.!P' Sikes--d irect THE WITNESS: The Drainage Department dispatches a candidate for employment to my office and they say, "We wish to employ this man as a laborer. Please proceed with the processing." Well, we would proceed with the processing unless we had personal knowledge of some reason why this individual should not be employed. BY MR. SANPERLIN: o. All right, but going back to what I asked you earlier, 1 asked you this it was in the negative aspect, and then you mentioned that you did this at times in the positive aspect. A All right. The Drainage DepartmentI may call and say that "We have a need for four or five or six laborers. Can you procure some candi dates for'this employment and dispatch them to us with your advice as to whether we should or should not consider them for employment in this particular ij area?" Cl well, I asked you whether or not your department volunteers its advice and counsel and to that you said yes; and by this I meant--! had asked you earlier in the positive aspect. You further ijLv c ̂ m ̂ ^ n-. J A C K H . G R E E N E U . 9 . D I S T R I C T C O U R T Sikes--direct Department, and you mentioned laborers. So, my ques tion then was, with respect to laborers in the Drainage Department, what laborers— or what positive advice and counsel did you give that department about j| some of the laborers there? ! i A. From time to time we will have an• I individual come to the nersonnel office who is inter- I ; ested in employment. I We may be impressed with this indi- I i| vidua 1, and on the basis of that favorable impressionI * i we would call the superintendent of the Drainage I j! Department or his assistant and make an inquiry as to I; whether he needed an additional man; and, if so, if we ] had a man in our office at that moment that ve felt ij|I would be a good candidate for employment, not only in j! his department but for the company, we would .recommend-- (X We arc talking about in regard to the || laborers in the Drainage Department. A. Right. Q. Now, to go to another area in your department, in your office, would you know— would III office set up any requirement for the position of d r a rr 15. r. e cmerator or ditcher? Our ur. dors fencing your ij | i _ _ ' _ _ _ _ _ _ _ _ _ _ _ _ _ _j .. J A C K H . G R E E N E ij O F F I C I A L C O U R T R E P O R T E R u . S. D I S T R I C T C O U R T T i l ' l l |369 Sikes--direct that they are interchangeable or about the same, the dragline operator and ditcher. Now, would your office set up any criteria in terms of qualifications? A. No. o. So this would be strictly left to what the Drainage Department required? K Yes. Q. Nov;, would the same be true for a foreman? A. A working foreman— v/e have one in the «c Drainage Department, and the requirement there would be established by the Drainage Department. q. How about the other foremen? A. There are no other foremen except the salaried, supervisory foremen. THE COURT: Who are they? THE WITNESS: Well, at the present time, Your Honor, we have Mr. Hancock, who is an assistant to the superintendent in the Drainage Department, and we have Mr. McCall, who succeeded Mr. Yon as superintendent of the Drainage Department. THE COURT: Explain the difference between those people and what you call a working J A C K H . G R E E N E O c n r i i i C O U R T P c °O R TE! S U . S . D I S T R I C T C O U R T ll ,370 ii Sikes--dirGCt THE WITNESS: The working foreman, if Your Honor please, is a lead foreman. THE COURT: You have one? THE WITNESS: We have only one working foreman, as has been given here, and that Mr. Yon stated in his testimony is a first-class equipment operator; be he a dragline operator or be he a ditcher operator, or be he a blaster, he is a first- class mechanic under the terms of the collective bargaining agreement and is paid on an hourly rate. He works under his general supervision a crew. He leads then in the performance of their duties to which they are assigned on a given day. If it is a blaster, then the blaster is charged with the responsibility of blasting rock in a given canal, and the blaster is a first-class hourly paid employee, subject to the collective bargaining rights of the union. He works under his general direction the laborers plus the Construction Workers I and the Construction Workers II. BY MR. SANDERLIN: [ q. But, in fact, every dragline operator and ditcher is what you call a first-class operator? t t .rords ever'-' p e r s o n v n o o p e r a t e s —— r * c K U . S . D I S T R I C T C O U R T I Sikes--direct A. A dragline operator and a ditcher operator and a blaster carries a first-class rate. ft So, in other words, all of them then are foremen? A. They are not foremen in the sense that it is being implied here, in my opinion-- CL You say "working foreman"; then all are working foremen? A. They are not working foremen in the sense that— I understand what you are implying. These are first-class men, the sane as a first-class carpenter, the same as a first-class painter. The first-class carpenter would direct hxs helper in what to do and what not to do in con nection with the construction of a given day's work in carpentry. Cl But, Mr. Sikes, you have used and also Mr. Yon has used the term "working foreman"? A. We have one. g Well, how does he differ from an operator? A. The working foreman carries a premium rate and he may be assigned responsibility by v — ti — p (- ,̂/nTr Mr . MoCal3. t o s m o ? v i , c o n t a i n J A C K H . G R E E N E U . 3 . D I S T R I C T C O U R T ! activities that are taking place throughout the ! Drainage Department. Is this one particular person or is One person, one job. Who is he? His name is Hingson. Now, you are saying then that the dragline operators and ditchers are not foremen? A. No, not in the sense, in my opinion, 1 as has been implied here. They are leaders in that they direct the work. > •> he I attempted to say, a blaster is i given the responsibility of blasting rock to a certain |j depth in a drainage canal. He takes his drainage i j ! laborers plus Construction Workers I and II and directs them in the performance of that blasting work. Ql So , because he does this, then he is given a certain classification? As a blaster. A classification one, as you termed No, the Construction Worker I and the Sikes— direct J A C K H. G R E E N E | OFFtClAL RCPORTCR J u . s. o i s t k i c t c o u r t M IA M I . F L O R I D A 3 3 ’ Ot Sikes--direct Construction Worker II are hourly paid people, not within the collective-bargaining unit, but are in the sane category as Drainage Laborers, and the step3 are I, II, III. Cl Mr. Sikes, you said that, in answer to the Court’s question, in terns of a working foreman, that this was a classification under the collective bargaining agreement; and you v/ent on to say that having some kind of higher rating, some kind of high classification, that that entitles then to be con- Iij sidered as working foremen. SI A. And I further stated that we had one i j in the Drainane Deoartnent who had formerly been |J identified by Mr. Yon as Mr. Hingson.i • MR. KELSO: Your Honor, nay I volunteer jj that we have the collective-bargaining agreement and ! it might be helpful to everybody to take a look at Ij! the thing. ! MR. SANDF.RLIN: It would seen very simple, but what I can't understand is whether there are several foremen there or just one. THE COURT: There is just one. There j|ij is just one working foreman. The only people who have !} rioht to hire and fire in the "r-vranp Deo^rrrment I U . S . D I S T R I C T C O U R T 374 S ikes--direct were formerly Mr. Yon, v;ho has been replaced by Mr. McCall, and Mr. Hancock, who works under Mr. McCall. As I understand it, this working foreman, whoever he is-- THE WITNESS: Mr. Hingson. I THE COURT: --Mr. Hingson--these other people are not foremen, he says, but are variously classified as employees starting down at the bottom as a laborer. He says that a laborer and a helper are synonymous. MR. SANDEREIN: But my question is that when he talks about a certain classification applying to the operator-- THE COURT: He is talking, I believe, about that collective-bargaining agreement that they have got back there together with the regulations of the company which deal with people who are not within that unit. I think that’s what he is talking about. MR. SANDERLIN: Respectfully, Your Honor, I’m not too sure. THE COURT: Put the question to him crisply. f * „ I? a N D v P T IM : Yes, J A C K H G R E E N E • rrr r'T'POTê U . S . D I S T R I C T C O U R T Sikes--direct BY MR. SANDERLIN: ql I would like to ask you this, Mr. Sikes: Does the dragline operator or ditcher have a special classification because he works men or he leads men? THE COURT: Just a minute. A special classification in whet publication or where? MR. SANDERLIN: In the collective bargaining agreement. THE COURT: Well, he has that right back there. Let's put this thing in evidence and forestall all this conversation except to the extent that it might be necessary. How about offering that in evidence? Does anybody have any objection? Is there any objec tion, either side? MR. ROBINSON: No objection, Your Honor THE COURT: Receive it in evidence. Do you have any objection to making it your exhibit? If you do, I will make it a Court's exhibit. Let's get it in. MR. SANDERLIN: When you put it that way, Your Honor, we have no objection. U . S . D I S T R I C T C O U R T cover. collective-bargaining agreement which is now effective at the sugar company. In thin the same one that wa3 effective back in October of 1968, Mr. Sikes, or do you know? THE WITNESS: I would like to see the THE COURT: Show it to him. THE WITNESS: Yes, sir. THE COURT: It's the same one— THE WITNESS: Yes, sir. THE COURT: All right, that's in evi dence as Plaintiffs' Exhibit No. 3. '•> (Thereupon the instrument referred j to was received in evidence as Plaintiffs' Exhibit No. 3.) THE COURT: You may proceed. BY MR., SANDERLIN: Q. Now, to go into another area in terms of lines of progression, what are the lines of progression in the Drainage Department? A A Drainage Laborer would necessarily be able to look forward to moving into the work as a Construction Worker II or as a Construction Worker I ~ A t - t . ~ ~ v , f ^ - - ^ -v. - - •» * V* * * Sikes--d irect J A C K M G P ^ N E U . 3 . O ! S T R I C T C O U R T ....... w U . h J m ~ - . w . I Sikea— direct ; on any of the jobs that are within the collective- . bargaining unit and are posted as being vacant. Q. But would it be considered a line of progression? ft. It could certainly be considered as a line of progression. 0. In other words, one can move from a Drainage Helper to Construction Worker I and II like you can into Oiler? A. Yes. Qi How do you account for the fact that there have never been any black oilers? K There has not, to my knowledge, except i for the testimony given here this morning, been any black person who bid for a job as oiler. '& It has never been since you have been with the company, since 1943? A. Yes. THE COURT: Now, I’m a little confused. Would it bother you if I interrupted? MR. SANDERLIN: Ho, Your Honor. THE COURT: Mr. Sikes, ny confusion is ii thi3 : Heretofore, I have assumed that this matter of I I ji biddinc a job was a ■"*o" ê that was prov*.d^d U , S. D I S T R I C T C O U R T Sikes--direct regulated by the collective-bargaining agreement, i Ie that so? fTHE WITNESS: Yes. i! THE COURT: Then I understood that11 || these people who constitute the labor group, the i j Laborers, Construction Workers II and I, are not ' l! within the collective-bargaining unit. Is that so? !THE WITNESS: They are not within the j! collective-bargaining unit. . .I THE COURT: Then the collective-j ! ^ || bargaining unit does not make any provision for them jij| to progress either within the labor ranks or above it? j THE WITNESS: But there is no restric- || tion, if Your Honor please, on any man bidding on any i position that may be advertised on the bulletin board. iThis is not a closed shop, and any . |j individual, as these witnesses testified earlier today--they formerly worked on positions in each of the sugar houses and, as such, they were in positions that were subject to the collective-bargaining rights of the union. At, they ultimately joined the union. Now, they may or nay not have joxned the O r f- IC IA L C O l i K I H t r O r t T E H U . 8 . D I S T R I C T C O U R T M I A M I . r L U i t i U A J d i D l Sikes--direct Florida for an individual to join a union as a con dition precedent to his holding a job. Now, the collective-bargaining agree ment does carry three conditions with respect to the bidding on jobs that are subject to it. First, the company is required to give consideration to a bidder from within the department in which the vacancy exists. THE COURT: All right. THE WITNESS: No. 2, the company is € required to give consideration next to bidders from within the company, but outside of this particular department in which the vacancy exists. THE COURT: All right, No. 3. * j THE WITNESS: No. 3, the company may go outside- if there are no bidders in Classes I and II. Now, in the Drainage Department, true, ' certain positions, as I have enumerated, are subjecti to the collective-bargaining rights of the union. Certain positions are not, but any individual within the Drainage Department is quali- I1 fied to bid on any job advertised, whether he may be I 1 an oiler or whether he be a laborer or whether he be J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T • " * m « r i g e i g n a ditcher operator, or whatever he nay be. He is qualified to bid and we are obligated as a company to give him preference. THE COURT: Because he is-- THE WITNESS: Because he is within that department and there is no requirement that he be in a union position at the time he bids on the job or a member of the union; nor is there any require ment that he join the union if he gets a job subject to the collective-bargaining rights of' the union. THE COURT: Let me ask you one further question: When you say that the company policy requires the company to give preference to anyone in the Drainage Department who bids for a job above it over anybody else in the company, or any outsider, does that mean that if a laborer bids for the job of oiler, that he would have preference over somebody from the mill or somebody from the street? THE WITNESS: Yes, sir. THE COURT: Now, what does that preference amount to? What advantage does having preferential consideration give this man or, really, what does it mean to him under the company's policy? TT*E WTmNEr;S: If Your Honor please, J A C K H . G R E E N E Sikes--direct O F K iC I A l . C O U R T R £ r»O rtTu R U . S . D IS T R IC T C O U R T M IA M I F L O R I D A 3310! Sikes--direct ' under the terms and conditions of the collective- ■ bargaining agreement, seniority is not companywide. THE COURT: I know, but this contractIj! that you have in your hand and make reference to does { not control the company's treatment of those in the Drainage Department who are not within the bargaining V unit, does it? THE WITNESS: But it does require the company to give preference to an employee within a department who bids for a given vacancy within that I <| department. j| If I may, sir, reading from Article X, Section 5, "Bids for the position or positions shall be considered in the following manner: (1) those j from employees, including laid off employees, in the department- in which the vacancy or new job occurs." There is no limitation in that language, sir, which says that the individual bidding j on the job must or must not be in a position in that department in a collective-bargaining unit. THE COURT: Then the construction of your company is that the laborers of the Drainage District, although not represented by the union, and ' not included within the bargaining unit, J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 8 . D I S T R I C T C O U R T II Sikes--direct to bid for progression within that department, just as somebody in the mill would be entitled to bid over in the mill; is that correct? THE WITNESS: Right, yes, sifc. THE COURT: Now, going back to my question: What value does this prefercnce--this preferential consideration or treatment mean to a nan within the department, the Drainage Department, who is bidding for oiler as against some outsider? What does it really mean? * THE WITNESS: It means that the company is required to, first of all, give consider ation to that applicant and must--the company must be in a position to defend its refusal to consider him for an assignment to the position. THE COURT: What about the situation that has been testified to here in court about a vacancy for the position of oiler in the Drainage Department--two of these men who were in the labor force there made bids for the job but never were advised one way or the other, and somebody from the outside came in and was employed and got the job. Now, did these two men who made these, bids receive nref crent.ial treatment? ?nd jack H RBPPNF U . » . D I S T R I C T C O U R T Sikes--direct did, how did it happen that they didn't get the job, either of them, and that they were not advised about it but that some stranger was given the job? Can you explain that to me or are you familiar with that incident? THE WITNESS: If Your Honor please, the only recollection I have of a bid being formally | filed in the Drainage Department, from a black | individual, for the position of oiler, came from John French. THE COURT: From whom? THE WITNESS: John French. \ THE COURT: Yes, he testified here as ; the first witness in this case. THE WITNESS: Right, Your Honor. John French was not selected for the position of oiler because we did not particularly feel that he had the ability to ultimately become a dragline operator. Now, it is a well-known fact that practically all of the dragline operators we have came to the oosition of dragline operator from the It position of oiler. m u ■■ f th 1 ncs that came U . 3 . D I S T R I C T C O U R T Sikes--direct to our attention, if Your Honor please, at the time of the EEOC investigation. THE COURT: When was that investi gation? THE WITNESS: In 1968, I believe, sir. That was at the time that this incident took place. The impression we got from the investigator from the EEOC was that our people, our black people in these lower classifications, did not feel that they had the right to bid. This is one of the reasons why we posted on the bulletin board at that time a notice seeking to correct that impression. i THE COURT: Well, did John French's color have anything to do with your judgment? THE WITNESS: No, sir. THE COURT: And, as far as you know, no one else within the Drainage Department made any I bid except French? THE WITNESS: Not to my knowledge, sir. THE COURT: Pardon the interruption, please. You may p r o c e e d . BY MR. SANDERLIN: O F F i C I A u C O U R T H £ P O K 7 _ R U . S. D I S T R I C T C O U R T A<vil. r c O r t l U A i i d lU l Sikes--direct Mr. Sikes, in 1968, when you hired a person by the : I name of Wade— just one second. Excuse me. In 1966i you hired one Donald Thomley, T-h-o-m-l-e-y. THE COURT: What month? MR. SANDERLIN: June 8, 1966. At the tine, according to your records, he was sixteen years old. I believe he is now twenty. And in 1970 he was still an oiler; in 1971 he was still an oiler; and in 1972 he was still an oiler. Is that correct, Mr. Sikes; or, if necessary, I will pull the record; or do you recall that? THE WITNESS: I wouldn’t attempt to I answer it without reference to his record. BY MR. SANDERLIN: Ql I show you this, Mr. Sikes. Is that the record that is regularly kept of the employees by your department? That's from Plaintiffs' 1. A. He was employed on November 12, 1970 , as an oiler in the dragline department. THE COURT: When was he employed? I THE WITNESS: November 12, 1970, Your | Honor, ns an oiler in the draeline department. j)i'i _______ _ __ ___ J A C K H G R E E N E U . G. D I S T R I C T C O U R T 1386 Prior--his earlier employment on June 8th, 1966, had been as a laborer, agricultural laborer, at the Ritter Plantation. BY MR. SANDERLIN: V ql The Ritter Plantation is not in the Drainage Department? A. Oh, no. Q, So he had no knowledge of the Drainage Department when he cane over there in 1966? h Beg pardon? * Q. In 197 0, when he came over, he would not have had any knowledge of the Drainage Department? \ a. He would not have had prior experience | in the Drainage Department. Q. Okay. THE COURT: Let's pass this exhibit to the Clerk. It will be Plaintiffs' 1-A in evidence. (Thereupon the instrument referred to was received in evidence as Plaintiffs' Exhibit No. 1-A.) THE COURT: Let's go back to this Sikes--direct fellow Thomley. Mr. Witness, can you tell by looking ,£ t>i nt< **f 3 ' ^’’hibit 1 —A in evidence J A C K H g r f e n e : U . 8 . D I S T R I C T C O U R T I Sikes--direct | Mr. Thomley bid for the job of oiler and whether there were any other bids, and anything about the selection I i process concerning him? THE WITNESS: No, sir, I cannot tell j by simple reference to that, Your Honor. THE COURT: It would take some other || information that you don’t have in front of you? ' THE WITNESS: Right. BY MR. SANDERLIN: Q But would his employment record, *profile, or whatever you call it--would it help you | any? K No, sir. | Q. What would it take for you— A. I would have to go back to the Drainage Department•and look at the jobs advertised and deter mine whether any bids were received on that particular job. Ql On November 10 , 1970 , you employed one Raymond Blount who was at the age of eighteen at the tine he was employed, and he was employed as an oiler, from your records, and we will call thi3 1-B. I! Would that reflect accurately what it i| s a v s ? J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D IS T R IC T C O U R T M l W U A O i r H «*•«*» A. Well, the record shows that thi3 young man was employed on August 21, 1970, as an oiler in the Drainage Department; that ho worked until Septem ber 11, 1970, at which time the particular assignment on which he was placed came to an end and he was terminated. The record also shows that he was reemployed on November 4, 1971, more than a year later, as an oiler in the dragline department, and he is still so employed. j 1* THE COURT: That will be or is Plain- j tiffs' Exhibit 1-B in evidence.! (Thereupon the instrument referred , j to was received in evidence as Plaintiffs' Exhibit Ho. 1-B.) BY MR. SANDERLIH: Q. I believe that Raymond Blount at the time va3 eighteen years old. The application stated I that he was born October 2, 1952— according to the . employment records? A. I have no reason to deny his age. Qt How, you also have or had employed i| there one Louis Blount who is a dragline--who was an !|i| operator, I guess. Sikes--direct I J A C K H. G R E E N E O F P t C I A L C O U R T R E P O R T E R U . S - D I S T R I C T C O U R T I 1! • Sikes--direct / A. Yes, we had a Louis Blount as a drag- line operator. d And then you have Raymond Blount as 1 the son of-- Raymond Blount is the son of Louis Blount? i A./ I believe that's correct. .1 1 a Then there is another Blount, Redding • Blount, is there not? • A. Redding Blount and Louis Blount are brothers. • . «■ 0- So that Richard L. Blount would be related to whom? A. You'll have to "come again" with \ Richard Blount. ■ Q. He was employed as an oiler on 8/21/70. 'a. This one is Redding J. Blount. * I'm sorry. Richard. • A. Richard Blount is the 3on of Louis Blount. d Richard Blount and Raymond Blount are the sons of Louis Blount? A. I don't have a Raymond Blount record before me. n V* T ̂0 - • • -» V «. A. * n 389 J A C K w U . S . D I S T R I C T C O U R T | Sikes--direet Raymond Blount. A Raymond Blount, yes. Raymond Blount j is the son of Louis Blount. ■ Q. Now, on April--I'm sorry--August 21, |' 1970, how old was he, according to your records? .7 A. He gives his birth date as October 2,' 1952, 3 0 on November 10, 1970, he would have been eighteen. Q. And he was employed as an oiler in the dragline department?I * A Correct. Q What is the race of the Blounts, Raymond Blount, Richard Blount, and Redding Blount? I A Louis Blount is the father of Raymond I i and Richard Blount. jQl What is their race? A I beg your pardon? g. What is their race? A They are white. I THE CLERK: Plaintiff's Exhibit 1-C is marked in evidence. (Thereupon the instrument referred j to was received in evidence as Plaintiffs' Exhibit .. 1-C.; ( I J A C K H. G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T M IA M I . F L O R ID A 35101 1391 Sikes— direct THE COURT: Isn't that all pretty much after the fact? I'm talking about the Blounts. One of them was hired in 1970 and one in 1972 and another one in 1970. These three men who are plaintiffs in this case had long since left the company. What standing do they have to complain about what happened two years after they were gone/ except to the extent/ if at all, that a discussion of these Blounts tends to show a pattern; is that the extent of it? MR. SANDERLIN: Yes, it is, Your Honor, except one of them, I think, was THE COURT: The purpose of this is to show that Louis Blount was a white man; he was an operator and he had two sons, and they both became oilers some two years after these three plaintiffs had left the company? MR. SANDERLIN: Yes, Your Honor. In other words, this is following through with Lester Thomley, in fact-- THE COURT: Well, he was eighteen years old--he was twenty years old when he was employed as an oiler, wasn't he? • cmiiUuivu - JACK H. GC\ _ L . I M w O F F I C I A L C O U R T H t F O R T E R U . 8 . D I S T R I C T C O U R T M i a m i , f l o k i u a 33 10 1 3 Sikes--direct THE COURT: This goes to the experience or lack of experience and training of these people, I suppose, but this is some two years after these people left the company. MR. SANDERLIN: Actually, at this pointI there are some other ones we feel that would be on this point rather than take up the time-- THE COURT: It would be cumulative? MR. SANDERLIN: Yes, it would be; and rather than take the time now to go through them-- «r THE COURT: All right. You may proceed. BY MR. SANDERLIN: Q. Mr. Sikes, is it your contention that the laborers are in a line of progression to other jobs in th-e Drainage Department? A. Yes. Qi I would like to ask you this: In other I words, you are saying that the line of progression is — well, in your deposition--no. First, I would like to ask you thi3: i In terms of the oiler becoming the dragline operator, jj the operator, what is involved or what knowledge does i the oiler have to have to be able to operate a iih ___________________ . ! ' J A C K H . G R E E N E U . 5 . D I S T R I C T C O U R T Sikes--direct ! 3 ! dragline? I THE COURT: What knov/ledge do33 he I have to have? MR. SANDERLIN: Yes, sir. V THE COURT: There is no need to press I that. THE WITNESS : Your Honor — f THE COURT: Now, if you want to answer it, go ahead.i ;■ THE WITNESS: No, sir, I was just going to-- THE COURT: That's not going to help Ij me. | BY MR. SANDERLIN: Q. I would like to ask you this: Mr. Sike3 ,how do you account for the fact that there has never been a black oiler in that department? A. When you move beyond the job classifi cations of Laborer, Construction Worker II and Construction Worker I, the company and its management loses a great deal of its influence in connection ! with the filling of any vacancies because the other I positions are within the collective-bargaining right 1 of the union; and under the terms of the J A C K H. G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 8 . D I S T R I C T C O U R T Sikes--direct. bargaining agreement, any vacancies must be advertised for this period of forty-eight hours, and the appli cants who bid must be considered. Now, I cannot, as a representative of the company, solicit bids. I can encourage all employees, regardless of where they may work, to sub mit bids on any advertised jobs. I cannot lead them by the hand and get them to do it. Q, what have you done to encourage, let's say— what do you mean by "encourage"? What have you done to encourage then? A. We have sought by including in the language of the collective—bargaining agreement these procedures for people to bid for given vacancies. Q. But isn't it a fact, Mr. Sikes, that you have gone off out in the street and hired people for these very positions? A. Yes. Q, Then do you reconcile with having sought, and whatever else you said about encouraging-- A. You say that I have gone on the street j and hired people? It's not exactly that way. Scme- ' one has core in *»nd filed a bid. jack m hrpf m f U . S . D I S T R I C T C O U R T Sikes--direct Q, But also people have cone in and made applications? A. Within the forty-eight-hour period. Cl I'm talking about applications, meaning job applications. A. They may have made job applications. (X So you have hired people that way, who have not been in the so-called collective-bargaining agreement? A. You'll have to run that one by me again. (X You hired people as applicants who have not been within your collective-bargaining agreement? You hired people as new applicants? A. We have hired people in the sugar houses, new applicants, who were not within the bargaining unit, yes. Qt But we are talking about in the Drain age Department now. A. We have--in my opinion, we have had applicants within the forty-eight-'nour advertising period for any oiler's positions that have been filled. Now, these applicants may or may not have from within the Drainaore pervert*— >nt oi* from J A C K H. G R E E N E O F F I C I A L C O U R T R E ^ O R T C R U . 8 . D I S T R I C T C O U R T 396 ( 4 i ^ 4* I Sikes--direct within the company itself. They may have come from outside. I 0- All right. When your deposition was | taken, you were asked this question, Page 24: "Cl Okay. And so the appli cations for oiler's jobs, we'll say,■ . I have come from white employees?" Your answer was: "The bids have been made by white employees, or whites. Not n. necessarily employees. Right. Okay. So an application from a white person coming off the street could be, in essence, the same thing as a bid, or be considered as a bid? “A Yes." A That’s right. (\ Do you recall that? A Yes. THE COURT: Is that contrary to or | inconsistent with what he said today?! HR. SANDERLIN: Yes, it is, Your Honor. THE ICOURT: In no wav. j|- I J A C K H G R E E N E II r>FP tr* l*L C O U R T p f d o o t f i ? II U. 8. D I S T R I C T C O U R T II I 1 \397 . Sikes--direct 1 MR. SANDERLIN : Ho is saying that there have not been applications from people off the street. First, he says that there were bids as oiler 1 or applications from people off the street. THE COURT: Well, I don't understand 1 that. • We will take a recess. < • (Thereupon a recess was taken, after which the following pro- ceedings were had:) THE COURT: You may proceed. BY MR. SANDERLIN:| & Mr. Sikes, at the time that your deposition was taken, on Page 19 thereof, and follow- ing through Page 20, I would like to read you this-- ' THE COURT: Do you recall that these questions were put to you and do you recall giving l • these answers? All right, you nay proceed. ' BY MR. SANDERLIN: & Mr. Sikes, do you recall that these questions were put to you and that you gave these answers : -» , f 0 r 3 *** V O 1 1 ^ n '*• _____________ ____ _ ....................................................................................... . ! 1 J A C K H. G R E E N E j| O F F I C I A L C O U R T P F P O R T - T R l (j U . 8 . D I S T R I C T C O U R T II Sikes-~d irect the fact that there has never been a black oiler of a machine? "A. The only answer I can give you for that question is that no black has ever applied for or filed a bid for a position as oiler. "Cl usual? Would you consider that un- "A. Ye3. I think it is unusual. "d Has that, in fact--has it ever, say, whetted your curiosity? "A. No, I wouldn't think that. "CL It has never made you curious as to why— "A. No. "d --a black has never — "A. NO. "Ci Do you feel that a black could have the motivation to become an oiler? “A. Yes, sir. "Ci Do you feel any blacks there have had the motivation to do that? J A C K H . G R E E N E trtr! r i p - c ^ - j r r o U . 6 . D I S T R I C T C O U R T Sikes--direct "A. Obviously he hasn't, because no one had bid on it. "Cl What i3 so obvious about it? "A. Because he hasn't asked for a job as an oiler. "Cl So you are saying it's a lack of motivation that displays the obviousness of their not being there? * "A. I cannot say that it is I a lack of motivation. I cannot say why an individual black chooses not to bid for an oiler's job. I don't|i ’ know. "0- 3eing responsible for personnel, have you ever made any inquiries? "A. No, sir." Mr. Sikes, how do you-- THE COURT: Mr. Sikes, do you recall those ouestions being out to you and you giving those I \ answers? V — * T » v — r* C . V r - t T ^ II x ‘I I --------------------------------------------------------------------------------------------------------------- ------------ — ----------------------------------------— — - — -------------------------------------------------------------------------------------------------------------- ---------------------, U . S. D I S T R I C T C O U R T Sikes--direct THE COURT: Now, sir, do you want him to explain? j i BY MR. SANDERLIN: il Cl Ho w d o y o u a c c o u n t f o r t h e c o n f l i c t jj when you say today that no black has bid for the j oiler's job and you also say today that a black has and you recall Mr. John French bidding for a job and | your office having turned him down? A. That is correct. •• *MR. KELSO: Your Honor, the statementI I that his office turned Mr. French down--that*s a misstatement of his prior testimony. THE COURT: I think you are correct, jj MR. SANDERLIN: All right. I will I rephrase the question. I think we can agree that the advice- of your office was sought? THE COURT: The question is: Does this testimony refresh your memory or do you now recall that Mr. French did bid and was not accepted? Is that what you want to get at? Is that the question? What you are trying to find out is I w h e t h e r h e h a s h a d h i 3 r e c o l l e c t i o n r e f r e s h e d s i n c e that t4 and if it a fact now that Mr. French made il _____ _ _________ ____________ _______________ ' I ' ' . ! J A C K H . G R E E N E jj OFFICIAL COURT REPORTER II u . S . D I S T R I C T C O U R T r>» r*» * 401. • Sikes--direct 1 a bid and was not accepted; is that it? MR. SANDERLIN: Yea; but also the fact It / that he has made a prior inconsistent statement. THE COURT: Well, you can ar^us that i to me and tell me that he is not credible if you want - to? but don’t get him to try to justify his own • credibility. Nov/, does a conflict exist? Just tell me. . ‘ 1 ! MR. SANDERLIN: That's what I'm asking 1iMi * him. THE WITNESS: Yes. Subsequent to 1&S ' giving that deposition I made an investigation to i determine whether the answer I had given was correct-- to reassure myself--and on that investigation I dis- % covered that this one bid had been turned in by ■ : •? •1 Mr. French. • So to that extent I was in error in the statement that I gave in the deposition that no bids had been received from blacks. BY MR. SANDERLIN: q. When you refreshed your recollection, | did you also refresh that you had or your department had entered into the decision of aivin<~ J A C K H . G R E E N E O F F I C I A L C O U R T R p P O P T P 9 U . S . D I S T R I C T C O U R T I Sikes-~direct as to his being hired? A. No, Mr, Yon made the decision on the bids. Mr. Yon made the decision on the bid of John French. I’ Q. So the information did cone from your office concerning his ability to be a dragline operator? k Not with respect to John French. I don't recall saying that. 0- All right. Now, I would like to ask 0Cyou this: Mr. Sikes, you said that you have been with the company since 1943, started in 1943? k That's right. & January 1, I think you said. k Right. Ci Now, either during the Forties or, say, during the Fifties has the company had a practice of having certain jobs for blacks and certain jobs for whites? k ft A. ft deposition, No, sir. It never has? No, sir. I would like again to refer to your Rage 22, where you were ask:.-' 'Ms J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 8 . D I S T R I C T C O U R T M * A M f tr? A D A ! ! i . Sikes--direct | | question: "0. Okay. Has the company had certain jobs, say, starting i since 1943, '44, had certain jobs that have been traditionally, we'll *> say, held by blacks? • "A. In the fields, yes.” A. That is correct. THE COURT: Now, how does that contradict anything that he said today? ■ MR. SANDERLIN: That is not exactly— there is a difference. THE COURT: That can be used only for impeachment purposes. Does that impeach anything he said here today? I don't think so. Well, go ahead to something else. • BY MR. SANDERLIN: Q. Nov/, Mr. Sikes, you testified that after the EEOC investigation certain notices were put up? A. Yes. Q, And what were those notices? ■% A. Notice was out on the bulletin board | J A C K H . G R E E N EI O F F I C I A L C O U R T R F P O K T E R U . S . D I S T R I C T C O U R T in the Drainage Department, in effect, to advise all employees within that department that they had a right to bid on oiler's positions or on other positions within the collective-bargaining right of the union. q. Besides notices, was anything else done? Were there any conversations held with the employees there? No, sir. Were any other steps taken besides Sikes--direct ! just putting up the notice?I K No, sir. I THE COURT: When were those noticesI i! put up?I THE WITNESS: This particular one was - i put up, sir, in response to a suggestion from the | investigator from the EEOC.I THE COURT: On what date? Do you recall? THE WITNESS: Your Honor, we have a copy of it, MR . KELSO: Yes, Your Honor, I have it here. THE COURT: Would you take that and i take a look at it? taat a copy ua. ux.c a u ~ ̂ * j A •' x n . u rv - t li O F F I C I A L C O U R T R £ F O d T t . H U . 9 . D I S T R I C T C O U R T M I A M I . F L O R I D A 33 IOI THE | to putting in that MR.I THE i reporter. It will No. 4 in evidence. ' MR. Sikes--direct KELSO: Yes, sir. COURT: Do you have any objection item as a part of your case? SANDERLIN: No, Your Honor. COURT: Pass it to my court be marked as Plaintiffs’ Exhibit (Thereupon the instrument referred to was received in evidence as Plaintiffs' Exhibit No. 4.) I i!i i !!i i|| iI THE COURT: This notice was placed over on the bulletin board and over in the shop? THE WITNESS: In the Drainage Depart- jj went.II I || THE COURT: It was put there at the after the visit of and the suggestion of the EEOC investigator, is that correct? i THE WITNESS: Yes, sir. the COURT: What is the date on it? THE WITNESS: August 21, 1969. TIIE COURT: Did the investigator make I any other suggestions to you? THE WITNESS: Not to my recollection, ii it J A C K H. G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T M I A M I P» O O i p A Sikes-~direct conpany took down the signs that indicated separate toilet facilities for blacks and whites? THE WITNESS: Prior to July 1, 1965. THE COURT: Have there been any signs segregating those facilities since that time? THE WITNESS: No, sir. THE COURT: All right, sir. BY MR. SANDERLIN: q. Mr. Sikes, you mentioned that you are the chief executive officer for the company, for personnel, are you not? A. Yes. q. What is your educational background, sir? \ ft. I have a high school education plus an L.L.B. degree from Columbus University, Washington, D.C. £ Are you a member of the Florida Bar? A. Yes, I am. MR. SANDERLIN: Thank you, Mr. Sikes. We have no more questions. MR. KELSO: Your Honor, we will recall him on our case. J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 8 . D IS T R IC T C O U R T * M I 8 M I f - i i i n i THE COURT: When wan it that your I! I i i _________________________ |i THE COURT: Ycu nay do that. You are excused, sir. (Thereupon the witness was excused.) MR. ROBINSON: May we have just a brief moment with opposing counsel, Your Honor? THE COURT: You may. MR. ROBINSON: V?e have one document that we would like to put in. The other side is unwilling to stipu late to its authenticity. They have not seen the document before, it being a part of the ^^OC records, but we assume everyone saw a copy. THE COURT: Pass it up here, please, to my court reporter, so I may take a look at it. MR. ROBINSON: We will have £o sub poena the EEOC man to authenticate the document and then move for its admission. Our case is in but for that document, and if we could reserve the right to bring the EEOC official over and put on the testimony which is needed to authenticate the document--other- wise, we can rest now. MR. after the documentIt j X C X fcki C * ^1. £ II KELSO: Your Honor, is authenticated--! I would, have not ------------* - r r even soon js ** I I O F h ' i U l A L C O U K T K t P O r i i ' t i i U . S D I S T R I C T C O U R T M I A M I . r i - O H l U A 3**01 i the EEOC Mr. Kelso, that your client, the defendant company, has never received a copy of this final investigation report? MR. KELSO: Yes, Your Honor, that’s correct, and Mr. Harden tells me, as a matter of practice, that they don’t issue it; that it is not their policy to issue final decisions; but, in any case, even if it were authenticated by the investi gator on the stand, I would object to it because the finding of the EEOC has no official sanction. They send out a thirty-day letter and you have a trial de novo. Anything in that report is hearsay. It is what somebody told thev investi gator. Likewise, I would object to it even if it was authenticated. MR. ROBINSON: The identical question is in the case of Smith against Universal Services which has specifically held that it is admissible in these cases. THE COURT: For whatever value it may have. That's correct. V T * p r , ! 5 T M C • C* ^ v * rs *•’ t J A C K H G R E F T N E THE COURT: Are you telling ne, U . S . D I S T R I C T C O U R T THE COURT: I am going to receive it in evidence. This case is not being tried to a jury and if there is material in here that should not be considered by the Court, I believe at this late date in my life that I am able to sift that out and dis regard it; and on that basis I am receiving it. Now, the plaintiff rests? MR. ROBINSON: Yes, sir. Could we let the other side see it? THE COURT: Yes, it night be a sporting thing to do. MR. KELSO: ,Your Honor, in view of the contents of the report, I withdraw all of my objec tions to Plaintiffs' Exhibit No. 5, THE COURT: I*m so pleased that that resulted. -Now, since you had not accepted it previ ously, you certainly had a valid objection on the ground of surprise and the failure to authenticate, but I was prepared to overrule those objections, anyway. All right. Plaintiffs' Exhibit No. 5 is received in evidence. (Thereupon the instrument referred 4 - t, • » v* r% <n* ^ i f , "* f 1 5* J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T Plaintiffs' Exhibit No. 5.)I ■ •!! THE COURT: Now, counsel for the I plaintiff has rested, gentlemen, i MR. KELSO: V.fe would first like to || call Mr. Cluie Hancock. \ • THE COURT: fir. Hancock, would you come to the stand, please, sir? I THEREUPON-- *CLUIE HANCOCK | was called as a witness by the Defendant and, having been first duly sworn, was examined and testified as II follows:l THE CLERK: Please state your name, address and occupation. THE V7ITNESS: Cluie Hancock, Clswiston, DIRECT EXAMINATION fir. Hancock, by whom are you employed? United States Sugar. How long have you been employed by Sugar? About thirty-two years. What is your job title with U. S. Sugar J A C K H . G R E E N E Florida. BY MR. KELSO; & A. United States A. ci no”? O F F I C I A L C O U R T pe-ROR'TT R U . S . D I S T R I C T C O U R T !! 14 i. X • » Hancock--direct ( A. Supervisor. Q In what department? / k Drainage. Q• How long have you held that >>b? k Oh, about twenty-four years. : : M | 5 d Did you work under Mr. George Yen in • 1 that job? k Yes, I did. •' ' *\ 1 !■ ' ! Cl Do you recall having any conversation i with any laborers in the Drainage Department concern- ing the bidding of oiler jobs? k Concerning-- 1•̂4>v f & Did you have any conversation with any of the laborers in the Drainage Department on the i 1subject of bidding an oiler's job? k Yes. Cl Can you tell us, was there more than • one such conversation? k Well, there was one I remember. 5/1 d Tell us about the conversation that ! you remember. k One time I was out and I asked some of j the boy 3, the laborers, about bidding on the oiler * -• r> V\ i| " j i i . i H JACK H GRFFNF: i * U . 8 . D I S T R I C T C O U R T .......... ' 1! ! |4 12 • Hancock--direct r a When did this conversation take place, as best as you can recall? | A. About four years ago. ft Wa3 it before or after the walkout? i A. In 1967, I guess. ft We11, the walkout was in 1968. Was it • before or after the walkout? • A. Before. ft Before the walkout? i A. Yes. «r ft How, you said that some of the boys-- who were you talking about there? iO A. I asked, I believe, Isaac Johnson and I i Henson Bain. » i ft What was said at that time? • THE COURT: Excuse me. What is your exact position with the company? • THE WITNESS: Supervisor. THE COURT: Supervisor in the-- THE WITNESS: In the Drainage Depart- i ment. THE COURT: All right. 1 BY MR. KELSO: 1 ■» • a What n id at «*hab ti~'a . Mr. Hancock' i1 ■■ • | 1 J A C K H . G R E E N S |i O F F I C I A L C O U R T R E P O R T E R 1 U . S . D I S T R I C T C O U R T » What did y o u say and w h a t d i d they s a y ? K Well, I asked then-- THE COURT: Let's fix a date a little better than that. ^ It was sometine, you think, in 1967? THE WITNESS: Yes. THE COURT: And where d i d it take place*5 THE WITNESS: At the shop. THE COURT: Who was present, the best * you remember? THE WITNESS: I know Bain was there iand Isaac Johnson was there. THE COURT: Were any others present i j t h a t y o u r e m e m b e r ? THE WITNESS: I don’t remember. BY MR. KELSO: & VJhat was said, Mr. Hancock? Tell us what was said and what their response was, if any. A. I asked t h e m w h y some o f them d i d n ’ t bid on t h e o i l e r ’ s j o b . They kind of hesitated a little b i t a n d s a i d , w e l l , t h e y d i d n ' t know if they w a 3 r e a d y . 0. Id^nti f v hc*n von arf? fc1 / * * ^bov ' . .I ■ ■ Y •: 'J A C K H r: p f rr N rr Hancock--direct U . S . D I S T R I C T C O U R T Hancock--direct between these two people. Who said what? K I don't recall just who said what, but I was talking to Henson Bain and Isaac Johnson, Cl Well, what was said-- Go ahdad with the conversation, please.li ~ ft. well, they kind of hesitated about the !| oiler's job. They said that they didn’t know if tney ! wanted to bid on it. MR. SANDERLIN: Your Honor, we would object to the hearsay. How, if he can give us--he shas testified that he doesn't know who said what, so there is no way that we can pin down who is saying I what. We object on the basis of hearsay, Your Honor. MR. KELSO: I believe it is correct I testimony as to conversation. I | I THE COURT: His testimony to the effect that he has told people in the--laborers in the Drainage Department that they could bid on these jobs is received; but, specifically, the conversation is excluded and the objection is sustained. You may proceed. ii i BY MR. KELSO Q- f t • /-» W i V r t l o W O A. . Did you ever have any conversation 1 , _ -.y.rrtr-r’ Vl * ~ V-1 -> 1 ̂ C K o n r r M r U . S- D I S T R I C T C O U R T Hancock--d irect troublemaker of some sort? A. Not that I recall. THE COURT: Sir? THE WITNESS: Not that I recall. THE COURT: Now, speak up a little j louder, please, so I can hear you. I'm having diffi culty hearing you. THE WITNESS: Yes, sir. MR. KELSO: To be more specific--! believe that I would like to have the record show! s that all the witnesses who testified so far have not j| been sequestered and have been in the courtroom ■ except this witness who just arrived today; so I’m I not sure whether this testimony cane in. Janes I Franklin said that he had 3ome trouble at the Bryant I Mill and Cane over and you called him in and you .j j accused him of being a troublemaker or said something I like "Don’t make trouble." Do you recall any such j|i conversation as that?!! THE WITNESS: No, sir. j BY MR. KELSO: Q. Can you state whether or not there i| j| ever was such a conversation? *. '?o, «ir. M r D r - C M r U . S . D I S T R I C T C O U R T Q. Are you test! tying that there was no conversation or that you just don't remember? A. I didn't hear about it if there were. MR. KELSO: All right. No further : questions. THE COURT: Is there any cross- !j examination on this witness? MR. SANDERLIN: Just one moment,II . , please.11 THE COURT: Yes, sir. *' CROSS-EXAMINATION I EY MR. SANDERLIN: i n Mr. Hancock, you mentioned two Hancock--direct i| employees that you said were in the Drainage Depart- ment, Isaac Johnson-- A. Yes. --and Henson Bain? 1 A.II Yes. &1 When did Isaac Johnson cone to work in | the Drainage Department? A. I can't recall when he come to work. 1 & Was he working there when you cane to 1j work there? II A. II When X coma to v¥ O JL, *'■* L» * • ||II J n C - u r\ t IS O F F I C I A L c o u r t ! rtfcrtOrt 1 urt U . S. D I S T R I C T C O U R T M IA M I. h i - O R U J A J 3 1 G I Hancock--direct: Q. Yes. ft. No. He wasn't working with the sugar company when I came to work. Q. Do you have any idea of how long after wards? A. No, I don't. Cl Do you recall when Henson Bain came to work there? ft. No, I don't. Q. Do you have any idea? * A. No. Qi You don't know how long they worked for the company? ft. No, I don't. j I £L Arc they working for the company now? ft. Yes. MR. SANDERLIN: We have no further questions, THE COURT: You may step down. (Thereupon the witness was excused.) THE COURT: You may call your next witness, please. ***> mrw . i ’ ~ ’ i &r.v: h n r p f n 1 U . S . D I S T R I C T C O U R T 1418 THEREUPON— ISAAC JOHNSON was called as a witness by the Defendant and, having been first duly sworn, was examined and terrified as follows : THE CLERK: Please state your name, sir, and your address and occupation. THE WITNESS: Isaac Johnson. THE COURT: Now, talk close to the microphone, please, so that I can hear you. What is \ your full name again, sir? THE WITNESS: Isaac Johnson. \ THE COURT: Where do you live? :THE WITNESS: Clewiston. THE COURT: You may inquire. jDIRECT EXAMINATION !J Johnson. BY MR. HARDEN • 11 1 & Mr. Johnson, do you work for the United States Sugar Company? A. Yes. ft In what department? K Drainage. ft Y7hat is your job class! fication? • j1 % T. V) o I1 JACK H. GREENS 1, U . S . D I S T R I C T C O U R T * ft And how long have you been working in | the Drainage Department as a laborer?I 1 Johnson-di roc t A '62 or '63. ft ' 62? * A. ‘ Somewhere along there, '62 or '62. & Would you state your race for the || i record, please?| ii R- (No response) ft What race are you? A Negro. ||* ft Now, do you recall a conversation withI ij Mr. Cluie Hancock about bidding on the oiler's job? jA. Back there at that time I didn:t have! ij r,o license, and I feel I wasn't exactly qualified for ; iIij that job at that time. I !i‘ft Do you remember when this conversation . ! was? THE COURT: Do you remember that I IMr. Hancock talked to you? BY MR. HARDEN: ft Do you remember that? A. Yes.I ft Do you remember how long ago it was II v- »;hor. itIIil j a c k h c r c k n cII U . » . D I S T R I C T C O U R T h — I ̂ 4 20 Johnson--direct A. It was a little bit before we walked off the job. p. One year before or two years before? A. About one year before we walked off. Cl Tell us what was said. A When he told me about the job, I told him I didn't have no license and that someone night give us a hard way to go, and that's why I didn't care nothing about it right at that time. Q. What kind of license? , A Chauffeur's license. Q. Driver's license? •, A Right. Q. Did you know, after talking with Mr. Hancock, that you could bid on the job if you wanted to?- A Well, now I would if one cone up. Q. Did you know that you could bid on it back then? A Didn't want to bother with it because I might not have been qualified for it. C\ But did you know that you could bid on j|ij it if you wanted to, if you were qualified? A ( N o r e s p o n s a ) ij! It _ . ______if ' ~ .... |j J A C K H. G R E E N E it O F F I C I A L <— » l ' R T R ^ P O R T C R U . S . D I S T R I C T C O U R T il r 0. Did Mr. Hancock tell you that you could bid on the job if you wanted to? A. (No response) & Well, you can say "yes" or "ViO. " A. • Yes. 0. He did tell you. If he did, answer "yes."! i ; A. Yes. Johnson--direct ijl! !l MR. HARDEN: I have no further questions. « THE COURT: Counsel, do you have any cross on this witness? \ MR. SANDERLIN: Yes, we do, Your Honor. THE COURT: You nay proceed. CROSS-EXAMINATION BY MR. SANDERLIN: j Q. Mr. Johnson, you said that you were asked about this oiler's job and you told Mr. Hancock that you didn't have any license. Now, how did that cone in the conversation? How does having a license-- were you under the understanding that you had to have a license of sone kind to be an oiler? A, Well, just like I said, if something break down and ,?ou had to into the ■= J A C K H G P e S N S U . S . D I S T R I C T C O U R T ( s'~'w 14 7 ? Johnson--cross something— that's why, because you had to go in the shop. THE COURT: You mean a driver's license? * • THE WITNESS: Yes. THE COURT: vrhat you are saying is that if something broke down and you had to go to the shop, that you couldn’t drive a car because you didn't have a driver's license; is that what you are saying? THE WITNESS: Yes, what I mean is like you had happened to be on 27 or the highway, you see. THE COURT: Yes, I understand. BY MR. SANDERLIN: Q. Now, you mentioned about if you accepted the job some foreman might give you a hard way to go.' K That’s the way I felt about it. Q. In other words, it would be some oiler that you would have to work under or some machine operator? tu Yes. 0, And that v/ould be under the foreman? K It had to be under one of them to be ! an oiler. II ______ ____[i .. J A C K H G R E E N E i| U . S . D I S T R I C T C O U R T I I i Johnson--*cros n Ql You called it "a hard way to go" if you accepted the job then? you felt that if they gave you a hard way to gor-did you feel that you would then lose your j ob, period? 1 A ’ I don't believe so. & So, why did it bother you if they gave you a hard way to go? A At that tine I felt like that, back at that time, but I don't feel like that now. 0- But you don't feel that way now? i A I don't feel like it's going to be no hard way. O’ Today, now? 1 A That's right. & 1 But back then it would? ‘A I felt that way, and that’s why I didn't mess with it; didn't know too much about it, ! nohow. 11 I wasn't so particular about it then because I didn't have no license, but now I believe I can do it. a Did all of the oilers have a license? 1 AI All the oilers now have a license. If r\ 1 l> 4. U V-> A. *- ~ * - • : / — --- - - - --- 1! 1! i a n k t_» r. p ̂ c m rH U . S . D I S T R I C T C O U R T A. Then they didn't have the equipment we got now for that. Q. I am asking you about driving. I'm not following you when you say "equipment.1* A. I'n talking like about them grade-alls. MR. SANDERLIN: I see. We have no further questions. Johnson--cron s THE COURT: You are excused. (Thereupon the witness was excused.) THE COURT: You may call your next witness, please. HR. HARDEN: We will call Mr. Bain. i THEREUPON— HENSON BAIN ■was called as a witness by the Defendant and, having been first duly sworn, was examined and testified as follows: THE CLERK: Please state your nane, sir, and your address and your occupation. THE WITNESS: Henson Bain; Route 2, Box 18E. |;| J A C K H G R £ £ NP* U . S . D I S T R I C T C O U R T BY MR. HARDEN: Q. Could you speak into the microphone, please? Tell us agai.n-- A Henson Bain? Route 2, Box 18^, Clev/iston, Florida. Q. Where do you v/ork, Mr. Bain? A Drainage Department. Ql The Drainage Department of the United States Sugar Company? A. (Nods in the affirmative.) Q. And what is your occupation or your job title in the Drainage Department? DIRECT EXAMINATION A What do you mean? a What is your job? A Laborer • & And how long have you worked in the Drainage Department? A About since ’65, *68, something like tha t. d Did you work for the company before then? A (No response) Q: Nov/, do you recall a conversation JACK H GREENE U . S . D I S T R I C T C O U R T Bain-~direct !'!I I THE COURT: Did he say that he did work for the company before then? THE WITNESS: No. THE COURT: All right. Whe'ni you first went to the company, you went right into the Drainage Department? THE WITNESS: Yes, sir. THE COURT: Speak up, please. BY MR. HARDEN: gt Now, did you have a conversation with Cluie Hancock about bidding on the oiler’s job? A Yes, he told me about it. q, And when did this happen? A. About four years ago, I believe, some thing like that. I i •Q. Do you remember the walkout, where all the Drainage Department laborers went home one morning? A Yes. Ql Was it before or after that walkout, that Monday morning? A When he told us about the bidding? Q Right. . -> ~ V, * r* ~ •• ! J A O U . S. D I S T R I C T C O U R T 0- Bain--dircct Do you remember hew long before? Was it a year or two years or half a year? A. I can't recall. d But it was before-- A. When he told me I could bid on the job. G What did he tell you? A. He told no it was up there on the board and "You all could go ahead and bid. 0 He told you what was up on the board? A. The bid. G Did you say anything back to him? A. (No response) d What, if anything, did you say to bin? A. I didn't say nothing to him about bidding on it. I just drawed up on my shoulder. G You didn't reply anything back to him? A. (Mo response) o. Did you know where the board was, where the job was? A. Yes. G Could you see the board? A. If you go up there, you can see it, but from way back you can't see it. * ji II --------------- — ..... ..................... ...........~... ■ ■ 1 1 ̂ r* ** li r. o r r m c ii U . S . D I S T R I C T C O U R T 3ain--diroct A. From where I v;as standing. Q. Right then, you mean? A. Yes. & Was that board up there where you cane to work in the Drainage Department? A. Well, if it was, I didn't take notice. Q, Was the board up there when you cane to work? A. If it did, I didn't take notice seeing it there. Q. Dut you knew where it was at the time? A. That's right. Q, Now, would you state your race for the record, please? A. Black. MR. HARDEN: No further questions. THE COURT: Cross-examination? MR. ROBINSON: Yes. THE COURT: You may proceed. CROSS-EXAMINATION BY MR. ROBINSON: Q. Mr. Bain, how old are you? A Fifty-two. m r , d r r m 1 U . S . D I S T R I C T C O U R T Bain--cross have? a. Not very much. 0- How much? A. (No response) & vrhat grade did you go to in schcoi? A. Third. & Can you read? A. A little. & Can you write? A. A little, yes. & Mr. Bain, tell me a little bit about your experiences in the Drainage Department. •» MR. KELSO: Objection, Your Honor. is so general that it has no meaning. MR. ROBINSON: I am going to make it specific. 1 BY MR. ROBINSON: & Do you work on dynamite? A. Yes. a What do you do with dynamite? A. Shoot it. & You shoot it? A. Yes. a Wni.cn job on the o j --■ -- * - J A o K H . G H u N E l! O F F I C I A L C O U R T R d P O K T L R U . 3 O I S T R I C T C O U R T M I A M I . F L O R I D A 33101 14 30 w Ba in--cros s have? A. Which job? a Yes. A. Tying the wire. Q. Is that the only thing that you do on [ | the dynamite crew, tie the wires? A. And help load it on the truck. 0 Do you ever run the rig? A. No. ji 0- Do you rake ditches ever, Hr. Bain? «L A. Yes. on thei! & When you rake ditches, do you ever work pump? Do you grease the pump? j A. Yes. j I & Mr. Bain, when the walkout occurred, did you walk out with everybody else? A. Yes . a You did? • i A. (No response) & Did you get fired, too, like everybody else? a; A. No. 0- Why not? 11 A, I don"t know. J A C K H . G R E E N E O F F I C I A L C O ' I P T R F P O R T S R U . S . D I S T R I C T C O U R T II I 1431 • Bain--cross 1 Q. Mr. Bain, you said that Mr. Hancock was telling you about bidding. Now, just exactly did j he tell you about the bidding? A. Well, he told me it was there for bid !j to be an oiler, that it was there for bid. & He said that you could bid? A. I just drawed up my shoulder. I didn't tell him whether I v/anted it or not. Q. And subsequent to that conversation did you ever bid on an oiler's job? A. No, never. Qi Did you ever go around and look at the bulletin boards to see whether or not some of those jobs were up? | i A. No. ' 1 1 Cl Mr. Bain, tell me about your relation- ! i ship with Mr. Hancock. Is he a good friend of yours? A. I don't know whether he is a good friend to ne, but to me he's all right. Q. How often do you see him? A. Every day. a Every day? A (Ho response) • a How many fires during the da;r ? J A C K H G R E E N E U . S . D I S T R I C T C O U R T Bain--cross A. I don't know about how many times. Qt Well, how much time during the day do you spend with Mr. Hancock, do you work with him? A. I don't work with him. He comes around and checks. Qt Does he stay where you are very long when he is checking on you? A. Well, it depends what conversation he has with the man that's over you. & He talks to a man that's over you? A. Yes. & He doesn't talk to you? A.♦ Sometimes he do. When he got anything that he wants us to know, ha do that. j MR. ROBINSON: Thank you. MR. KELSO: I have one question, Your Honor. THE COURT: Just a minute, Mr. Bain. Thi3 other lawyer wants to talk to you a while now. REDIRECT EXAMINATION BY MR. KELSO a You said that you did walk out the morning that everybody walked out? A. Yes . J A C K H . G R E E N E O F F I C I A L C O U R T R E F O R T E H U . S. D I S T R I C T C O U R T M I A M I F L O R I D A S S I O I Bain--redi rect & And when did you come back to work? A. The next day, I think. ft The next day? A (No response) * o. And some of the others still had not returned to work on that day? A. No. & Had everybody come back to work that day, the same day that you cane back? A. Not as I know of, no. Ql Well, you came back? A. I did. Q. You came back the next day?i A. Yes. MR. KELSO: No further questions. THE COURT: You may step down now. (Thereupon the witness was excused.) THE COURT: You may call your next witness, please MR. HARDEN: We will call Miss Nina Stanford. ! ft C X H nRC-PNE J r . - C i A u C C - . x T ' — u . 5. D I S T R I C T C O U R T 434 I THEREUPON— NINA STANFORD was called as a witness by the Defendant and, having been first duly sworn, was examined and testified as follows: THE CLERK: Would you please state your name, address and occupation? THE WITNESS: Hina Stanford, Clewiston, Florida; Canteen Manager. THE COURT: I beg your pardon? THE WITNESS: Canteen Manager. THE COURT: Thank you. DIRECT EXAMINATION i BY MR. HARDEN: company? company? time? K 0- A & A. CL You are the canteen nanager for what United States Sugar Company. How long have you worked for that Twenty-two years. Have you worked in the canteen all that Twenty-two years. And how long have you been canteen J A C K H. G R E E N E o r P i r i A i . c o u r t r e p o r t e r U . 3 . D I S T R I C T C O U R T I Stanford--direct ft. Twenty-two years. Ci Who is your boss? ft. Mr. Ned Hager. Q. How long has he been your boss, approximately? ft. Twenty-two years. Qi Do you recall a conversation with Mr. Hager in which Mr. Hager told you about the Civil Rights Act? A. Yes, I do. Cl Do you recall approxinately when that was ? A. It was in 196 5 . q. Could you tell us what wa3 said? . .j A. He told no that anyone could come to the counter, either counter. We have three. MR. ESCARRAZ: Your Honor, we object to this as being hearsay. MR. HARDEN: It i3 direct testimony about instructions that she received from a superior, sir. THE COURT: The objection is overruled, You had instructions from Mr. Hager ■4"infT on the - 1 c O J A C K H. G R E E N E U . 3 . D I S T R I C T C O U R T Stanford--direct THE WITNESS: At either counter they cone to; it didn't make any difference who they was. THE COURT: You nay proceed. BY MR. HARDEN: (\ what did you mean by "who they were"? A. Whether they was Cubans, Negroes or white. Q. Well, naybe you better explain to us how the canteen is set up so that we will know. A. It has a counter here, one in the front and one on the other side. 0. Three counters? •> A. Three counters. 0 One on each 3ide and one in the front? A. Right. Cl Okay. What had the practice been prior to this conversation? A. Most all the colored went to one side. & Who went to the front? A. The white ones went to the front. Ol And who went to the other side, the third side? \ r> 4, V-, » k r * t . i o d r r m c U . S . O . S T R S C T C O U R T (V) | rti'l i • f L W . U w r t J J ' J i Stanford--direct q. Both white and colored? A. Yes. g Now, what did you do after Mr. Hager spoke to you? I a. I went over there and told the girls that work under me to wait on them at either counter that they come to. g Do you v/ork in the canteen yourself? A. Yes, I do. g And do you wait on customers? A. Yes, X do. g Did you serve both races at both counters, at all counters? A. Yes. g Do you do that today? V S. I do. g Do the Negro employees go to the previously front counter, the front counter being th< previously w h ite counter? A. Yes, they do. g Do the white employees go to the side counter, the one that the colored employees previous went to? * V m r* 4- Vs• • i ̂ 1 * - * J A C K H . G R E E N E I O T U . S - D I S T R I C T C O U R T Stanford--direct Ci Now, could you, as an example, nano some black employees that you served at the front counter? Can you think of any offhand? A. Well, I have served Ben Cook and Willie Battle. There are more but I can't think of them right now. Q. Are Ben Cook and Willie Battle employed by the mill? A. Yes, they are. Q. They are? A. Yes. Cl And they are black employees? A. Yes. Q. Were there ever any signs up in the ‘A. Not that I over remember. Q. No signs designating one counter or canteen? the other? A. No, sir. Cl And do you serve whites at the former black counter? A Yes, Ido. MR. HARDEN: No further questions J A C K H G R c E N E U . S . D I S T R I C T C O U R T HR. ESCARRAZ: Yes, Your Honor. THE COURT: All right, you nay proceed. CROSS-EXAMINATION j counter, the . j A that come bu BY MR. ESCARRAZ: q, Mrs. Stanford, you mentioned that two people, Ben Cook and Willie Battle, cane to the ront of the counter? Two of then cone. There were several I can't remember right now. Right now, anybody that wants to be served there now comes to either counter. Cl You said that there are several. By "several," how many do you mean— maybe five or six? A There is more than that. I would say fifteen or twenty, any of them that come. Cl Fifteen or twenty? •A Yes. Cl And when did Ben Cook cone to the front counter? A He has been coning there for about six years. Q. And you say that there are no signs on the canteen? A No, sir. o them ever anv si one on trie J A C K H . G R E E N E U . 8- D I S T R I C T C O U R T St.anford--cross canteen-- There are no signs saying that this side is "White" and this side is "Colored"? A No. a Were there ever any signs that said this side is no longer "White Only" or that this side is no longer "Colored Only"? A No, sir. 0- How many people do you serve at your canteen? week? THE COURT: Do you mean in a day or a MR. ESCARRAZ: In a day, sir. THE WITNESS: Well, in the summertime we hav€» approximately a hundred employees. BY MR. ESCARRAZ: Q. And what about the wintertime? A Approximately two hundred. o. And how many do you serve? A All of them. & What do you serve? A Sandwiches, coffee, cigarettes. THE COURT: A hundred in the summer? THE WITNESS: Yos, Your Honor. mt? . r.rv» ̂4. 4 ~ J A C K H G R E E N E U . S . D I S T R I C T C O U R T Stanford--cross ratio of black to white, if you know, approximately? THE WITNESS: Approximately, about | fifty-fifty, sir. j! BY MR. ESCARRAZ: J I Q. . And large groups of people could come ; to be served at one particular time? A. Yes, they do. Ci Can you nano any white person that has i gone to the side to get service? ft. I would say all of them.II Q. Can you give me anybody's name orI!i!i names? THE COURT: Well, if they all do, then there is no need for the names. IDo you know them? THE WITNESS: Yes, sir. THE COURT: Do you mean to say that when these crowds of people cone into your canteen, they come in large numbers and they come together and some go to one counter and some to another, and that there is no difference between the blacks and the whites? Is that what you are telling me? THE WITNESS: That's righr. THE COURT: Well, you can I it fm: J A C K H. G R E E N S O F F I C I A L C O U R T R E P O R T E R U . 8 . D I S T R I C T C O U R T II Stanford--cro33 44 2 there, Counsel, if you want to. Nov/, that is the way that I understood her testimony. MR. ESCARRAZ: I have no further questions. THE COURT: Is there any redirect? I MR. HARDEN: Ho, Your Honor. THE COURT: You are excused, Madam. (Thereupon the witness was excused.) MR. KELSO: Your Honor, we would like* to recall Mr. Fred Sikes on direct testimony. THE COURT: ' How long do you think he will be? MR. KELSO: About an hour and a half. ♦ t THE COURT: And then who? MR. KELSO: Mr. Yon. THE COURT: Then who? MR. KELSO: That’s all. THE COURT: How long will Mr. Yon be on? You are talking about the direct-- MR. KELSO: Oh, thirty minutes to an hour. THE COURT: Well, you are talking jl about., nayxje, two ana « naif hours. - H - O F F I C I A L C O U R T R t P O H r i R U . S . D I S T R I C T C O U R T M I A M I . F L O R I D A J 3 J O I 1 suspect, gentlemen, that your crocs will take a little tine on these -people. We probably can finish by noon tomorrow. MR. KELSO: I'm sure that I can, THE COURT: Will you have anŷ rebuttal testimony that you now know of? MR. SANDERLIN: No, Your Honor; but if | we would have, it would be very short. • ■ i THE COURT: All right. Let's be in II! recess until in the morning. You may cone back atI . . ; !j nine o’clock, please. •J (Thereupon the trial was adjourned, to reconvene on V?ednesday, June 7, 1972, commencing at 9:00 a.m.) \ I i J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D IS T R IC T C O U R T p i o ra i n a 444 f 4 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF FLORIDA No. 71-610-Civ-CF BUSTER EVERETT, et al., Plaintiffs, vs. U. S. SUGAR CORPORATION, Defendant. East Courtroom U. S. Post Office Building Miami, Florida Wednesday, 9:00 a.m. June 7, 1972 The above-entitled case came on for further trial before The Honorable CHARLES B. FULTON, Chief !] judge, United States District Court, pursuant to adjournment. APPEARANCES: (Same as heretofore n o t e d ) J A C K H . G R E E N E o r n r i A L r e i t o T b c o ^ o t - r U . S . D I S T R I C T C O U R T i (The trial reconvened pursuant to adjournment, and the following proceedings were had:) THE COURT: Good morning, gentlemen. You may proceed. | • You had a witness on the stand-- MR. KELSO: Your Honor, we will call Mr. Fred Sikes on direct. THE COURT: Yes, sir. THEREUPON— FRED C. SIKES <5was called as a witness by the Defendant and, having been previously duly sworn, was examined and testified as follows: THE COURT: Mr. Sikes, you are being j THE WITNESS: Yes, sir. THE COURT: You are under the same oath as was previously given. THE WITNESS: Yes, 3ir. THE COURT: You may proceed. DIRECT EXAMINATION BY MR. KELSO: q. Mr. Sikes, I believe you previously testified about ''•our position and the le recalled now. J A C K H. G R E E N E O F F I C I A L C O U R T R F P O W T E R U . 8 . D I S T R I C T C O U R T Sikes--direct |4 4 6 that you have been with the company. A. Yes. Ql Are the personnel records of the United States Sugar Corporation kept by your staff? A. Yes , sir . Q. What responsibility do you have with respect to the collective-bargaining contract between United States Sugar and the Machinists' Union? A. My primary responsibility is to see that the terns and conditions of the collective bargaining agreement are adhered to by the company, after the contract has been negotiated or renegotiated from time to time. Ql Do you participate in the contract negotiation process? A. Yes, I do. Q. We previously identified the union contract that was applicable at the time of the walk- j out here in 1968 as Plaintiffs' Exhibit 3. I now show that to you. Can you tell us where in that con tract specific reference is made to the Drainage Department operators? THE COURT: Is that Plaintiffs' Exhibit 3? J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 8 . D I S T R I C T C O U R T Sikos--dircct MR. KELSO: Yes, Your Honor. BY MR. KELSO: Q. I'm referring to the wage scales. A. The wage scales are found on Page 46 of this particular agreement. Q. And those are the job categories that you were looking at when you were discussing this yesterday? A. Yes. Q. Now, let's go down Page 46 as quickly as we can, and the first job is Assistant Foreman? A Assistant Foreman. THE COURT: Is this the Drainage Department now? MR. KELSO: Yes, Your Honor. | BY MR. KELSO: Q. How many people are there in that job category there, Assistant Foreman? A One. Q. And what is his name? A Mr. Hingson. n And then there are categories downI! there of Dragline Operator, Welder, and Blasters* JA C K w ^ p r r m C U . S . D I S T R I C T C O U R T A Dragline Opcrators--well, they probably run from ten to fifteen operators; with ten to fifteen oilers. We have one ditcher operator. THE COURT: You call it a "ditcher"? I THE WITNESS: Ditcher, D-i-t-c-h-e-r. THE COURT: Thank you.I THE WITNESS: Blasters — I believe we | j presently have--we presently have two licensed blasters. We have never had more than one serviceman. BY MR. KELSO: Q. There is a category there called Welder? A. Welder First Class is one. I ^ q, And then there is a category of Drag- i line Operator-Apprentice? A This was put in there in the event we ran short of operators and should find it necessary ! to train a man to be an operator. Has anybody ever been in that job, as far as you know? A No, sir. Q. Are you saying, then, that the draq- ;! 1 ; „ ̂ __4-̂-+- I- t TI *. T d VOU Sikes--direct I i! J A C K H. G R E E N E O F P I C 'A L C O U R T R c o O n T i -R U . S - D IS T R IC T C O U R T Sikes--direcfc hired them, knew how to operate a dragline? A. The dragline operator, when ho wa3 employed, either knew how to operate a dragline or had learned to operate a dragline while holding down the position of an oiler. / Q. Nov/, come names have been mentioned, for example, Slim Rutland. Do you happen to know what his job designation is v/ithin these particular categories? A. Mr. Rutland is presently a ditcher operator. He is also one of the individuals who is licensed as a blaster. , Q. When an individual is licensed as a blaster, does he sometimes do work other than blasting? A. Yes. •Ql Might he operate a dragline? A. Yes. Ql Might some of the people who are designated as dragline operators do blasting work if they had a license? A. Yes. Q. The people, then, that have been refer red like-- | (I) 1 r ■»! ' i r> H-- *> T — tiT . P v . j . - r ~ i — U r. /-* »* J A C K H. G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T IIt • /»»*»/»? c m n o f p f l 14 5 0 f Sikes--direct All of this is leading. I think that counsel should let the witness testify more than to say "yes." THE COURT: It is leading, but this is the first tine an objection has been made on that ground in this trial, as I recall, and I would say that about ninety-nine percent of all the questions that have been asked so far have been leading ques tions . Well, don't lead him too much. I'm anxious to get alone with it. Your objection is valid, but because of the liberality that we have been indulging in before--all right, go ahead. Incidentally, gentlemen, I would like to say that I appreciate the attitude of the lawyers in the trial of this case, all of you. It certainly has demonstrated lawyer quality in deportment and conduct in the trial of this case; so it is a pleasure to be with lawyers who are courteous towards each other. It has been very evidence to the Court that you people have a very cordial, pleasant, lawyerlike relationship towards each other, and I i»4" ' -> r» •*" j ca r - i n i ? a r . K w o d p c n f IT. S - D I S T R I C T C O U R T S i k e 5? - - d i r e c t all of you. HR. SANDERLIN: Thank you, Your Honor. THE COURT: I mean that as a compliment to all of you. MR. KELSO: Thank you, Your Honor. BY MR. KELSO: q. Mr. Sikes, what job position did Mr. Clarence Stiles hold within the categories listed there? A. Mr. Stiles was a blaster. & When was the first contract between, or first union contract covering U. S. Sugar Company employees? A. 1943 . Cl Were you involved in the negotiation of that first contract? A. Yes, I was. Q. And when were the Drainage Department employees first brought under a union contract? A. To my recollection, it was about 1946 . Qi And were you involved at that time? A. Yes. Cl How did the Drainage Operators--not the Drainage L i t . o r - -u +*o v* breug*-*-. the J A C K W G R P E N E U . S . D I S T R I C T C O U R T Sikes--direct union contract? K In this particular year, 1946, I believe, when the original demand or demands from the union were received at the initial negotiation session, the demands included a request for represen tation of all employees of the corporation with the exception of supervisory personnel only; and through the process of negotiations the recognition clause was broadened to include dragline operators and oilers and, perhaps, some other classifications; but «rthe agricultural laborers, as such, were excluded. Q. Why were the dragline operators particularly brought in or sought by the union? A. The draglines, while they are--while a substantial percentage of their work is in connec tion vrith -the water-control facilities, they are used from time to time at the sugar house for maintenance work, for cleaning out of mud ponds and other neces sary work in and around the sugar house which would have destroyed the agricultural classification for those people. * ' Ci Where does the agricultural classifi cation come from? We are using a designation. Wow, w h d r o Liotss Lxicic d 6 s i «ic ic io r « o ir j .cxr ic it t i^ J A C K H. G R E E N E O r r I C J A L C O U R T H t P O n T t H U . S . D IS T R IC T C O U R T M IA M I . F L O R I D A 33101 First, let’s say agricultural as opposed to what? A Agricultural as opposed to what would have been considered as covered by the Fair ̂ abor Standards Act’as originally enacted. q. Well, where is that designation con tained? What is the source of this dichotomy? A The definition of "agriculture," of course, would have been included in the original Fair Labor Standards Act. Q, Well, we are not talking about the Fair Labor Standards Act here. We are talking about union contracts. A Well, the recognition clause of the contract would spell out those units of the corpora tion that are included in the collective-bargaining agreement, and I believe it also specifies those units that are excluded. q. what law is the collective-bargaining contract governed by? A NLRB, or the National Labor Relations Act; and under the National Labor Relations ^ct, of course, agricultural labor, of course, is excluded. /% r. -3 t- ,*%. -3 kry c * •»■*: ■? 1 Y> * T* 'U ' - J A C K H . O R £ E N E Sikes--d irect U . S . D I S T R I C T C O U R T Sikes--direct Labor Relations Act of agricultural labor--can you recite that? Do you know that? A. I don't know the exact language of the Act, but generally speaking the NLRA ha*, a pro vision which specifically excludes agricultural labor; and for many years the Appropriations Act, providing funds for the administration of the National Labor Relations A.ct, included a restriction on the use of any of those funds to investigate or hold elections or in any other manner deal with agricultural personnel or laborers. Q. So the agricultural designation that you are talking about is a designation that arises out of the National Labor Relations Act? A. Yes. Q. What is the company's position con cerning recognition of the union as a bargaining agent for agricultural workers? A. We believe that agricultural employees should be given the right to determine by secret ballot or other approved methods whether they wish to enter into a collective-bargaining agreement for the purposes of bargaining with their employer or whether they do not wish to do so. J A C K H . G R E E N E O F F I C I A L C O U R T N £ P G t< ‘ _ « U . S . D I S T R I C T C O U R T M f A M f . F L O R I D A **ntoi Sikes--direct 0. Has the company been requested to recognize the union on behalf of any agricultural employees, from time to time? A. we were asked in January of 19 71 to recognize a certain segregated portion of agricul- j tural employees for collective-bargaining purposes. MR. KELSO: Your Honor, I have a | number of exhibits. Shall we mark them now? 1 THE COURT: Have counsel look at them, please. Let's have a quick conference and we will just receive them in evidence if there aro no valid objections. What date was it, Mr. Witness, that you gave a moment ago in answer to the last question? THE WITNESS: January, 1971, Your Honor. THE COURT: What happened on that date? What significance does that date have? THE WITNESS: We were asked to recog nize ci certain group of agricultural employees, namely, mechanical-equipment operators.I THE COURT: Who asked you? 'I ! !| i II ’ ~ 7 (I J A C K H . O R S C N E U . 6 . D I S T R I C T C O U R T Sikes--direct Association of Machinists. THE COURT: Is that the union in your | plant? THE WITNESS: Yes. THE COURT: In your corporation?; / THE WITNESS: (No response) THE COURT: Is that the first tine that they made a request to Include these mechanical operators? THE WITNESS: Yes, sir. This was not * I during the time that this contract was open, sir.I THE COURT: » All right. Let's have j the record speak to these now. What is it that the |j Clerk is stapling and preparing to mark there? Counsel, give it a label, please. MR. KELSO: This document, Your Honor,I is--these are the blaster licenses for the company; | and the license for Cluie Hancock, Clarence Stiles, E. L. Rutland, who has been referred to here as Slim Rutland; and Noah V7hidden, W-h-i-d-d-e-n, the blaster licenses for 1968. THE CLERK: I Defendant's Exhibit No. 1 H T T T t? r - . II i l That will be marked as > 4 , -i <“v <«»« K- 4 J A C K H . G R E E N E U . S . D I S T R I C T C O U R T MR. ESCARRAZ: No objection to those, | Your Honor, that were just mentioned. THE COURT: Received. THE CLERK: Defendant’s Exhibit 1 is received in evidence. (Thereupon the instrument referred to was received in evidence as Defendant's Exhibit No. 1.)! MR. KELSO: The next exhibit forI identification is a schedule of the agricultural I beiges and the increases in agricultural wages which jl wore made effective November 11, 1968, very shortlyi 'after the walkout.I; THE CLERK: That will be Defendant's i i ■ j -j | Exhibit No. 2. THE COURT: Is there any objection? MR. ESCARRAZ: No, Your Honor. THE COURT: Received. THE CLERK: D e f e n d a n t ' s E x h i b i t 2 i n | j j evidence. (Thereupon the instrument referred I to was received in evidence as D e f e n d a n t ' s Exhibit No. 2.) , nv -•-'•',;t document for Sikes--direct A r. K H G R E E N E I U . 3 . D I S T R I C T C O U R T Sikes--direct identification is a copy of the Equal Employment Poster, which is the official poster of the r.qual Employment Opportunity Commission, and this is the 1965 edition. & ' THE CLERK: It is marked as Defendant's E x h i b i t No. 3. THE COURT: Is there any objection to No. 3, gentlemen? MR. SANDERLIN: No, Your Honor. THE COURT: Received. THE CLERK: D e f e n d a n t ' s Exhibit 3 in evidence. (Thereupon the instrument referred to was received in evidence as Defendant's Exhibit No. 3.) THE COURT: Now, what is this one (indicating), please? MR. KELSO: The next, Defendant's Exhibit No. 4, is a Drainage Department bulletin which is an oiler job bid posting, and attache! to it are three bid forms. These will be submitted as a sample of the bidding procedure. THE COURT: Is there any objection? ̂r> r* *T . ,'T ■ u . S. D I S T R I C T C O U R T Sikes-~direct THE COURT: Received. THE CLERK: Defendant's Exhibit No. 4 in evidence. (Thereupon the instrument referred to was received in evidence as Defendant's Exhibit No. 4.) MR. KELSO: Those are all the exhibits that I have through this witness at this time. THE COURT: All right. EY MR. KELSO: q, Have you ever received a specific demand for recognition by the union as a collective bargaining agent for Drainage Department laborers? A. No, sir. j Q. I now show you Defendant's Exhibit No. 4, and I ask you briefly to tell us what that is. A. This is a bulletin issued by the Drainage Department, dated June 7, 1971. It announces the fact that "Bids will be received until 3:00 o'clock P.M., Wednesday, June S, 1971," for the position of one oiler. The face of the bulletin shows that copies, went to Mr. Knecht, Mr. Sikes, Mr. Rutland, i i A.-W » - W -i- V i * I U . S . D I S T R I C T C O U R T 0 As you are going through there, why don't you just identify briefly those to whom the copies went? A. Mr. Knecht is the vice president in charge of engineering. I have already been identified. Mr. E. L. Rutland v/as the union steward for the Drainage Department. Mr. E. F. Hollon is the president of the local. Mr. Wade Phillips is a grievance committee man in the Plantation Machine Shop. Mr. Clay Taylor is a grievance com mittee man in the Sugar House; and copies went to the bulletin boards at the V7estern Plantation Machine Shop, the Eastern Plantation Machine Shop, the Clewis-i ton Sugar House, the Bryant Sugar House, the Dragline and Drainage Boards; and to the Eastern Division Construction Crew and Western Division Construction Crew, and the Clewiston Realty. Q. Those last designations are for bulletin boards? A. Yes, sir. Q Now, what is the record of retention policy on bid postings and bids? m Vi o y* o 4 — — — ' 7 T*J ̂ ^ I . -- .. • j J A C K H G R E E N E Sike3--diroct U . S . D I S T R I C T C O U R T I encourage the various department's to maintain the bids as well as the bulletins for at least two years.I i Q. All right. Nov/, I believe the writer ;j Of this bid posting, Mr. McCall, has previously been . identified, but can you tell us — •• A. He is Mr. Yon's successor superinten dent, superintendent of the Drainage Department. Q. So in 1968 , who would have prepared an order of posting? A. Mr. Yon. I « Qt Nov;, look at the documents attached to:|! it and identify those three documents, please, andI I !j tell us what type of form that is. A. This is a bidding form for job ij I vacancies. •Qt, is that the same form and is this the j I same bid posting notice as was used in 1968? | A. Yes, sir. & And are those three bids all the bids that v/ere received on that posting? A. Yes. q, Now, can you tell us how-- First, there are some notations on the li betto"' of tve bid forms m red ink. i i ii ■ . ............................ ............ ... ............... ....... J A C K H . G R E E N E Sikes--direct O F F I C I A L C O U R T R F P C R T C H U . S . D IS T R IC T C O U R T Sikes--direct who made those notations? A. The notations in red were made by j Mr. McCall. Q. Who determined the award of ^he job ; : among the various bidders on this particular job? A. Mr. McCall. Qi Can you tell us how that particular bid was awarded? A. The bid was awarded to a Gerald Ernest LockmiHer on the basis of departmental seniority. q. What was Mr. Lockmiller's job at the time he bid this oiler's job? A. He was a laborer in the Drainage Department. q. And who were the other bidders and what were their jobs? j! A. The second bid came from a James A. i l . ,i1 Davis, Jr., who was employed in the railroad operating l lj department. Q. And why did he not get the bid? A. No departmental seniority. £ Meaning no departmental seniority in-- A. As compared in the Drainage Department I Ij|__f.tp Drai n ’f’" Department.illi_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ; J A C K H G R E E N E o r t r ; r « HO t ’ » T U . S . D I S T R I C T C O U R T Sikes--d irect ! 4 6 3 0. And the next bidder?I A The third bid cane from a Mr. Boy L. ; Hall. He was employed as a janitor in the Eastern ; j Division Agricultural Offices. He, too, wai; without j! departmental seniority in the Drainage Department. 1 & Now, we notice that there is on • > Mr. Lockmiller's bid--that the seniority date is 1 listed as November, 1970, on that form. Is that a ' .. 1! correct date? - ■ • ■ 1 i1 A This is not a correct date. ii1 1 0- What was Mr. Lockmiller's seniority i< for the purposes of this bid? ■ | A Approximately 60 days in the Drainage Department. & 1How do you know that or what was the situation that gave him only 60 days' seniority there? |i A The date on which he was employed in • the Drainage Department. & Do you know whether Mr. Hall is white or of the black race? A Hr. Hall is white. Do you know the race of the other bidders--Mr. Davis? « I| ? r~ ̂ * 4* c ̂ i1 JACK H. GREENE lt U . 8 . D I S T R I C T C O U R T Sikes'-dir^cf Q. And Mr. Lockmiller? A Mr. Lockmiller is v?hite. 0. What part does seniority play in the award of the bid? What are the relative factors in awarding a bid under the contract? A May I refer to the agreement? Q. Yes. A "Where qualifications are relatively small" Q. Tell us where in the agreement that is A This is Section 5 of Article X. Q, What page? A Page 20. THE COURT: Plaintiffs' Exhibit 3? THE V7ITNESS : Plaintiffs' 3, Your Honor. THE COURT: Thank you. The page again? THE WITNESS: Page 20. The last two sentences on that page: "Where qualifications are rela tively equal the job or vacancy will be awarded to the bidding employee nr-t--p - •> ~ — V - ~ r t “ •"> “1 ' O r * t * ’W U k . J - J — - * ' * * *** ^ U . S . O r S T R I C T C O U R T Sikes--direct Factors in determining'qualifica tions will be knowledge of the job, skill, efficiency and physical condition." & BY MR. KELSO:- Q, Does this mean that where a junior man is considered by the company mere qualified, he may be awarded the bid over a senior man? A. Yes. 0 And v/hat part does the union play in the bidding, in the posting process? A. The bulletins announcing any vacancy !or copies of bulletins announcing any vacancy are dispatched to the appropriate union personnel. The appropriate union official representative will see to it that the terms and conditions of the collective- bargaining agreement are complied with in connection with the selection of one of the candidates from those who may bid. If in his opinion we have erred-- THE COURT: In whose opinion? THE WITNESS: If in the opinion of the union representative the company has erred in making a selection, then he will in all i’- J A C K H . G R E E N E U . S . D I S T R I C T C O U R T a r r> Sikes--direct complaint. BY MR. KELSO & V7hat process doe3 that complaint go through? A. The complaint is filed with the super intendent of that particular department. q. Let me just ask you, is this a grievance? A. This is a grievance procedure. q. Have you ever been to an arbitration on such a grievance? A. Yes, sir. > q. Challenging the awarding of a job to a junior man? A. Yes, sir. \\ The people referred to in previous testimony, Slim Rutland, Mr. Whidden, and some of the others, have been referred to as "foremen." Nov;, what authority and responsibility do they have as supervisors, management representstives? A. None as management representatives.. They do not have the authority to hire nor fire. They don't have the authority to give consideration ... . . : ̂ V- --- e T- d » a r vc w a P r *=• N E U . S . D I S T R I C T C O U R T Sikes--direct to make recommendations. Q, Hov; does their pay compare with the pay of other equipment operators in the sugar house, for example? A. These are first-class men, and the first-class rate throughout the operations of the company is the same. Q. So an Electrician First Class would be drawing the same pay as a Ditcher Operator First Class? A Right; yes, sir. Q. Are there blacks who hold such first- class jobs, drawing first-class pay? A Yes. . . j Ci Now, a name has been mentioned here in the testimony which, I believe, was Louis Blount. What is his job for the company? A He is a dragline operator. q. VJould he from tine to time be assigned some of these Drainage laborers to help him in his work? A I doubt it. It would depend, of course, primarily upon the nature of the work that f r M .-N - * A- ! JACK H GPCFNF U . 6 . D I S T R I C T C O U R T Sikes--direc t. machine v/ere in use as a pile driver, was being used for pile driving, in that event Mr. Blount would have some laborers assigned to the job in which the pile driving was being done. Q. Does Mr. Blount have any position with the union? A. Not at present, but in 1968 he was Recording Secretary. Q. Of the Machinists' Local? A. Of the Machinists' Local. (l I believe the seasonal operation of the company has been previously described as the winter processing season and the summer repair season. Now, tell us about the bidding situation between the jobs in the processing operation and the jobs in the repair operation. *A. At the beginning of each sea during the course--i Q. At the end of the processing and the beginning of the repair season. A. At the end of the processing 1 and at the beginning of the renair season, | | sugar house on the sixth work day before th ' ^ , r . . j . . , 1 1 , , „ 1. ■) . , ■) J - _ V , | •" *" -l - ~ - ! J A C K H. G R O Y N E 'I U S . D I S T R I C T C O U R T son or season season in each e repair 6/1 Sikes--direct . • posts on all sugar house bulletin boards a schedule of the jobs that will be available during the repair season. And in each of those job slo^s there is shown the name of the man who was in that job on July 1st of the previous summer. This remains up on the sixth and fifth day. If the job is shown and no one was in the job on July 1st of the previous repair season, that particular job is shown as vacant. q. Mr. Sikes, let me interrupt you. I think that this is really more detailed than neces sary for the relevance here. Can we say that the people in the sugar house are given a chance to bid on the repair ijobs when the sugar house closes down? A. Right. q. What is the relative bidding position of, say, any electrician as compared to a laborer in that bid position? A Please ask the question again. q, What is the relative position of a mechanic, such as a machinist or an electrician cr the welder, as c o m p a r e d 1 0 the J r t C h n . o u ------- i < _ O F F i C l A i . C O U r t T R L l-O R r £ K u . S . D I S T R I C T C O U R T M IA M I. F L O r t iu A 33io» house laborer trying to bid on a repair season job? a. First of all, let ne say that in the sugar house itself you have an absolute contrast of jobs between the processing season and the repair season. In the processing season you are running on a twenty-four-hour-a-day basis, with processing stations. Men are assigned to those stations. You have a corps of laborers that are assigned throughout the sugar houses. When we corae to the end of the proces sing season, then you becone a completely mechanical repair unit because the mill has to be torn down completely, completely overhauled and put back into shape, so 'that when you begin the following processing season, there will be no danger of a breakdown. Now, obviously, during the repair season there are--the job classifications are mechani cal in nature. It may be Mechanic First Class, Machinists, Electricians, plus Mechanic and Machinist Helpers, plus a few Laborers. Now, there is a reduction in the J A C K H G R E E N E U . S . D I S T R I C T C O U R T Cl You mean you have wore employees? A. You have more employees in the proces sing season than you do in the repair season. Q. Well, what is the relative seniority which is required for a mechanic to bid over to a repair season job as compared to a laborer bidding for a repair season job? A. A first-class mechanic would have no difficulty because of his length of--in all proba bility his length of seniority, having gone through the line of progression through the years and having come up to the position through the bidding procedure of a first-class mechanic. Nov/, the laborer, being young in terms of service, would not have much chance of remaining on during the repair season. Q. Well, which is more likely to get a bid, to get a repair season job, a one-year electri cian or a five-year laborer? A. The one-year electrician. Q. Can you explain why? A. Because of the skill that is needed and the amount of electrical work to be done. r . — % . _ „ „ ^ , 7 T A . - n - - - ■ - ' - * - - j n -a- * . * w »— i—» - . * 1 ' * ' - — *'••*. . . -j ■ > J A C K H G P T P N E Sikes--direct U . S . D I S T R I C T C O U R T 472 ( ,4 Sikes--direct laborer in a sugar house operations with five years' seniority be able to get a job if a higher job could be bid with only one year seniority? A. I understood your previous question to be hypothetical. Now, in actuality the man who would fill first-class slots in the repair season at the sugar house would be men with a considerable number of months of seniority. 0, In most cases? A. In most cases. The laborer, in most cases, would be considerably younger in point of service. As I mentioned earlier, the number of positions as laborers during the repair season are . jnot many. Q. As compared to-- A. As compared with the skilled jobs or the semiskilled jobs. THE COURT: What you are saying then is that when you reduce your work force, let's say, from two hundred to a hundred-- THE WITNESS: Yes, sir. THE COURT: --which is required from £ *-1 a tr^n^itton of o ro n o o +• \ r» n tio t o o?, i r , ̂h ? t vou n a vs J A C K H . G R E E N E 1! O F F I C I A L C O U R T R E FO R M E R U . S . D I S T R I C T C O U R T M ! A M T F I . 0 9 ! D A S f i o i i a g r e a t e r demand f o r skilled people than f o r laborers? THE WITNESS: Right.| THE COURT: And, therefore, the skilled I || p e o p l e w o u l d h a v e a b e t t e r c h a n c e d u r i n g t h a t s u m m e r , !l that period when you were repairing, for employmentii | t h a n t h e l a b o r e r w o u l d ; i s t h a t c o r r e c t ? THE WITNESS: Yes, sir. THE COURT: All right, I understand.Ii il MR. KELSO: When the Civil Rights I I; Act--* THE COURT: Nov/, how is this all I relevant? We were over in the Drainage Department. II i'm not too concerned about the mill. Are you just I I :j t r y i n g t o s h o w c o m p a n y p o l i c y o r s h o w i n g h o w t h e || union contract works? If that is the purpose, how || d o e s t h a t ' h e l p me t o d e c i d e w h e t h e r o r n o t t h e r e h a s *ji b e e n r a c i a l d i s c r i m i n a t i o n o v e r i n t h e D r a i n a g e il D e p a r t m e n t ? MR. KELSO: Your Honor, I feel that I ll s h o u l d s h o w t h a t t h e l a b o r e r s c o m e o u t o f t h e m i l l i n t o t h e D r a i n a g e D e p a r t m e n t a n d t h a t t h e l a b o r e r ' s Jj j 0 b i n t h e D r a i n a g e D e p a r t m e n t i s a b e t t e r j o b t h a n t h e m i l l j o b . m m -1 . *.T 0 T t i n H . - n ' C t h ^ t .i ±1 v-' ‘ / *• V* i . * — ll Sikes--direct J A C K H . G R E E N E U . 3 . D I S T R I C T C O U R T &1\ These people told me that they left the mill to go to the Drainage Department because it gave them year- around employment, whereas in the mill they were laid off part of the year. Is that what you warfrc to say? MR. KELSO: Yes, sir. THE COURT: I will accept that. BY MR. KELSO: q. When the Civil Rights Act became effective in 1965, did you have any part in the company's implementation of that law? A. Yes. Q. What was your part? A. First of all, we held what we commonly refer to as a departmental meeting at which all vice presidents, including the president of the company, were present to discuss the terms and conditions of the Civil Rights Act, what its requirements were; and each of the departmental heads were instructed to return to their departments and hold similar meetings and instruct the supervisory personnel under their supervision of the responsibilities and requirements of the Civil Rights Act, and to see that all possible steps were taken to comply with the terns o f that A c t . Sikea--direct * „ ^ f - S c* ♦» rs ̂w « 1 m ̂ a J A C K H G R E E N E U . 8 . D I S T R I C T C O U R T i! L— 475 Sikes--direct necessarily limited to the removal of all signs, if any existed, indicating any type of segregation, to disconnect or remove any segregated water fountains, to see that appropriate posters, as required by the Civil Rights Act, were put into place. Q I show you Defendant's Exhibit No. 3. Is this such a poster that you are referring to? A Yes, sir. Q, You may continue. A And last but not necessarily least, attention was given to the operations of the Clewiston Inn. , corporation in Clewiston. £l And what w are talking about there? A Here we he 0- What is A It's a open to any and all comers. ii £ r- fh** r5 l̂ v?.T\cv oH C l t o n X? t operated by the tion that you wi th the sure that they that they under- ,nn was to be i me . I don't n - f* *"» p> issues J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T o i r a Sikes--directi _ |j here. MR. KELSO: I have submitted it to ! ! | show companywide efforts to comply with the Civil ! Rights Act. ^II THE' COURT: You have an objection and 1 a motion to strike that portion of the testimony that made reference to the Clewiston Inn? MR. SANDERLIN: I do, yes. THE COURT: Is the Clewiston Inn operated by the company? MR. KELSO: Yes, Your Honor. THE COURT: The motion is denied and the objection is overruled. | BY MR. KELSO: i ' !0- Mr. Sikes, did you hold any meetings that notified black employees that now they were ; eligible to hold jobs that they were previously ineligible to hold before? K There were no jobs in the company that the blacks were ineligible for. We had been oper ating under the provisions of a collective-bargaining agreement for many years. The bidding procedure was well outlined U . S . D I S T R I C T C O U R T Sikes--direct who wished to bid up. As a natter of fact, we had black people in first-class positions in the sugar house, in the P.M.S. Shop several years before the Civil Rights Act came into effect. I Ql The P.M.S. Shop, is this the shop that was referred to earlier? A. The P.M.S. Shop is immediately adjacent to the Drainage Shop. This is one of the things that bothers me in connection with the testimony that has been given here. MR. SANDERLIN: We object again. We are not allowed to go into these areas of other departments and yet the defense is offering to intro duce evidence that we weren't permitted to introduce. MR. KELSO: I believe you were not permitted to do that because you did not attempt to do that until after the pretrial hearings in this case. I don't believe-- THE COURT: Let me speak to Mr. Sa.nderlin here. Let me hear him again. Tell me again what your objection is. MR. SANDERLIN: That the defense is of *ori - - evidence abort other d y*»t J A C K H G R E f i N E r ' c e i e u i o ' ' ’’ ' ' r j — o p U . » . O t S T R J C T C O U R T Sikes--direct when we attempted to offer evidence about other departments they objected to it. THE,COURT: Yes. MR. SANDERLIN: And based upon the fact that what other departments were doing was irrelevant to the issues here, we take the position that, if it was irrelevant for purposes of our case, it is irrelevant for the purposes of their case. THE COURT: Specifically what area did you attempt to go into which was not permitted, Mr. Sanderlin? MR. SANDERLIN: Well— THE COURT: Be specific now in telling ; me wha:L you tried to offer that was excluded because it wafi beyond the Drainage Department personnel. MR. SANDERLIN: Well, from one of our *earlier witnesses, James Franklin, I attempted to elicit testimony from him as to what departments he had worked in, the job3 he had worked in before going to the Drainage Department, and all of this was excluded. * THE COURT: If he had been permitted i |! to testify, what would he have said? i ! ' . . . . . . . . . . . . . . . . . I!IF ~ ‘ - — J A C K H G R S K N S U . S . D I S T R I C T C O U R T Sikes--direct one, given testimony as to the jobs that blacks had traditionally been relegated to in that department over a period of tine-- THE COURT: You mean in othe^ depart ments? MR. SANDERLIN: Yes, he worked in several departments. THE COURT: When did he transfer to the Drainage Department? MR. SANDERLIN: Pardon? * THE COURT: When did he transfer to the Drainage Department? MR. SANDERLIN: I think somewhere around 1965, I believe. ; lTHE COURT: That's the reason that was excluded, because it was before the enactment of the Civil Rights Act. The effective date of this Act, I believe, is July 2, 1965. MR. SANDERLIN: He transferred in 1967. THE COURT: From v/hat department? MR. SANDERLIN: From the engineering department, so pre-Civil Rights Act discrimination is relevant tor the of sh ovine* J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S. D I S T R I C T C O U R T P lkes--direct patterns, customs, and this is what we wanted to show. THE COURT: That prior to July of 1955 in this plant, the Sugar Corporation, there were separate facilities for blacks and whites; that is the purpose of it? MR. SANDERLIN: No— and also tc show that there were certain jobs designated for blacks and certain jobs were designated for whites. THE COURT: Now, Counsel, what conces sion are you able to make with regard to that, if any? MR. KELSO: I don't recall the specific instance as to James Franklin; but, as I remember it, virtually every witness on here has testified where he worked before he went to the Drainage Department. THE COURT: I thought so. MR. SANDERLIN: It is not where; we were not allowed to go into specific employment. In other words, he could state that he worked in another department and from that point on we were shut off. This is with an earlier witness, James Franklin. MR. KELSO: I don't consider the ! Clewiston Inn critical to ny case, so I will-- /—•, *■ T T - ' * -V* "f ”\ mTm ** *»- “*•> ^ tack: w r. p f r m r U . S . D I S T R I C T C O U R T Sikes--direc t has the defendant company been operating under this collective-bargaining agreement or predecessor agree- ment--since ’42? Do you have any information to the contrary? MR. SANDERLIN: You mean that that collective-bargaining agreement was— THE COURT: It goes back to the 19 40's. MR. SANDERLIN: Yes, it does. THE COURT: And it comes down to us from that time until now and in substantially the same content as today. Is that what he said? MR. KELSO: Yes, Your Honor. THE COURT: Do you have any evidence to the contrary, Mr. Sanderlin? MR. SANDERLIN: No, Your Honor. THE COURT: Let me think out loud with you lawyers for a moment and make a ruling. When I began this trial, I, of course, did not know very much about the facts of this case. The trial has manifested for the Court evidence which there was no way for the Court to know in advance. In retrospect, I have the feeling that the class-action treatment sought by the plaintiff should have been permitted and that the Court may J A C K H G R S E - N H ■ ' c c i - • >» U . S. D I S T R I C T C O U R T have committed error in restricting the scope of this trial to these three plaintiffs 'and eliminating from the trial representation of these three plaintiffs of a class. Having heard the testimony, îhe Court's view now is that these people, as of November, 1968, were representative of all of the laborers in the Drainage Department, of the defendant company, and were qualified to represent not only themselves but all others as of that date. Of course, it was on that date that these plaintiffs left the employment of the company or within a few days thereafter. However, as I consider this complaint, relief is sought as of November, 1968; that is, a reinstatement of back pay and that sort of thing. So against this backdrop, the Court hereby reconsiders its previous order which restricted the representation of these three plaintiffs to them selves and eliminated their representation of a class; and in reconsideration of that order, the Court here by amends the order, really, nunc pro tunc so that these three plaintiffs now, in this action, do repre sent not only themselves but all laborers in the 0 n i . n r ? ** h.*3 o 1i cir>t*.f* i n ~ *■ J A C K H . G R E E N E O F F i C i A L C O U R T R E P O R T E R u. s. d i s t r i c t c o u r t M I A M I c < o ; n a i i K M ! period in question. ; r Nov;, very complete notes have been ! kept by the Court upon all of these witnesses, meaning that I have longhand notes and I can pretty much pro duce the salient testimony of each and every witness il who testified in this case. ji / I cannot perceive how the evidence would have been any different if that order limiting the representation of these plaintiffs to themselves and excluding their representation of the class would have been any different. The evidence that has been received, I think, has been full and complete with respect to any alleged discrimination by the company against |; these plaintiffs or any others in the Drainage ij Department, the labor group, during the relevant | period. The only exception to what I have said ! that I can now think of would be a matter of the reinstatement of other members of the class and back pay for any such people who might be reinstated. Now, that is a matter that X can 1 handle by a further hearing, if it's necessary, after * |; i have completed this trial or this aspect of the iirK w OP^PMF U . S . D I S T R I C T C O U R T Now, counsel for the plaintiff night, say, "Judge, by the order you entered limiting the class to these three plaintiffs and excluding their representation of the class itself, you have limited the scope of the discovery, and the plaintiffs' class that they represent nay have been prejudiced to some extent in this way." That is not so. The Court has made it perfectly plain that in the Court's view plenty of tine and adequate opportunity was afforded counsel for the plaintiff to do any and all discovery that was indicated or needed by counsel for the plaintiffs in this case long before that order was entered. In a desperation effort, to assist counsel for the plaintiffs in the result of their not having proceeded with the discovery promptly, the Court did at the last hour, so to speak, permit some further discovery, which was permitted in this case, whereas in many other cases it is not permitted, meaning that counsel for the plaintiffs have been indulged by the Court and specially treated by the Court with respect to this last-minute discovery effort in this case. So the order now is that these plain- i ^ ^ 4 ^ 4. U | ^ fit jO ^ i « /? 4 T f f f l ' J ?» 1 1 J A C K H . G R E E N E U . 3 . D I S T R I C T C O U R T and they also represent a class which is hereby designated to include all laborers in the Drainage Department of the defendant company, during the period after the effective date of the Civil Rights Act of 1964 and to and including the filing of this sui t. Counsel, do you understand my order? MR. ROBINSON: Your Honor, I don't know how we can proceed. Mr. Sander1 in was with the witness but I would like to respond briefly on the amendment you made to your order. THE COURT: All right. Let's take it right now while it is in context. MR. ROBINSON: Yes, sir. As I understand what His Honor is say ing now, the Court is amending the order on the class action aspect of the case to allow these three named plaintiffs to represent a class consisting of other black laborers in the Drainage Department and using a cutoff date of the filing of the complaint, and stopping it there. Now, my response to that is to point out to the Court several decisions from the Fifth Circuit that deal with a class action which holds, z : ̂ „• ̂ ̂ Cr* ̂ ̂̂ -O r* n nn ; ̂ <7 ** * *****/ 1 -' - J A C K H G R £ £ N ^ U . S . D I S T R I C T C O U R T denied, that an applicant far employment can repre sent a class consisting of present and future employees, which would, of course, suggest that there should be no cutoff date. THE COURT: All right. I wiil amend my order in that respect. You have made a point and I am agreeable to it. MR. ROBINSON: Thank you. THE COURT: Are there any further comments, Counsel for the plaintiff? All right, we will proceed accordingly, gentlemen. Thank you. Mr. Kelso, you may proceed with this witness. MR. KELSO: Thank you, Your Honor, BY MR. KELSO: Q. Mr. Sikes, you mentioned that separate water fountains were disconnected at this time; one of those fountains was in the P.M.S. Shop which was previously referred to in this case? A. Ye3, sir. q. Can you describe the facilities there and what action was taken at this time--! mean the physical makeup of the water fountain itself. L L W c l o U i i J J a u i v n . O F F I C I A L C O U R f K LH O i\ »c .K U . S . D I S T R I C T C O U R T M IA M I . F i - O f t lD A 33101 Sikes--direct inside of the Plantation Machine Shop, placed against the north wall. There was a pipeline connected to this water fountain running east for, perhaps, five feet or so. At the end of that extended pipa was a spigot, thereby making two water spigots available, one on the cooler itself and one on the extended end of the pipeline. The extended pipeline was dis continued with the second spigot. Now, through the north wall another line had been extended from the cooler and a spigot was mounted on the outside of the north wall. Insofar as I know, this one is still there, because it‘s available for use by the night watchman or any other individuals who may be in that vicinity when the Plantation Machine Shop is closed. It also makes for a convenient water founts.in for the drivers of automotive equipment coming to tho filling station for the service of their equipment. Q, The fountain pipe that extends through the W e i l l puts the fountain on the outside of the b v. i 1 d * r. n ? J A C K H G R F H N E O P P t C t A l . C O U R T B F P 0 9 T F R U . S. D I S T R I C T C O U R T Sikes--direct ft. Ye3, sir. Qi Is there any racial segregation as to the use of these two fountains, the one inside of the building and the one outside of the building? ft. No, sir. Q. Mr. Sikes, what regulation is there of the wages paid by the United States Sugar Corpora tion to the agricultural employees? A. The corporation is a sugar producer and as a sugar producer is covered by the provisions * of the Sugar Act, and one of the provisions of the Sugar Act requires the Secretary of Agriculture to establish fair and reasonable wage rates for workers engaged in the sugar cane activities. And as a result of this requirement, the Secretary of Agriculture holds annual hearings in Florida, normally at Belle Glade, for the purpose of receiving testimony on this particular subject. Q. Mr. Sikes, let me again--I don't think we need quite that much detail for the purposes of this lawsuit. ft. All right. The Secretary of Agricul ture issues annually a determination prescribing the li -w. 4- ;-v r* ij - s r» y , ̂/-• ~ ̂a■»«»| — *1 ** ̂lorid^ J A C K H G R E E N E « -rN».QT U . S. D I S T R I C T C O U R T I 4 yiV I! Sikes--direct must pay to its employees. Ql There i3 an Agricultural Sugar Act minimum wage? A. Right. ^ q. ' is this different from the Fair Labor Standards Act minimum wage? A. Yes, sir. Q, What is the relationship? What are these two minimum wages now, for example? A. I believe the current agricultural* wage rate in the Fair Labor Standards Act is $1.30 an hour, whereas the minimum required by the Secretary of Agriculture is currently $1.85. Q. For sugar producer, agricultural people? A. Right. Ql Are the Drainage Department laborers subject to the Sugar Act minimum wage? A. Yes. Q. Let me refer you to Defendant's Exhibit No. 2. Can you tell us what the Sugar Act minimum wage was on the day of the walkout, October 28, I believe it was, 1968? . - '.-ruld h r.v - boar. si. * Z J A C K H . G R E E N E O F F I C I A 1 C O U R T PffP>“, «?TFR U . S . OI S T R I C T C O U R T 14 90 i LJ4 Q, How does that Sugar Act minimum wage affect the wages that are actually paid to the Drain age Department laborers? A. Well, the minimum of the Sugar Act requirement moves up the rate--all other agricultural rates above the minimum are moved up simultaneously. Q. Has this been a practice for some period of years at United States Sugar Corporation? A. Yes. Si.kes--direct Q l So the Sugar Act minimum was $1.45;Ii *•and what was the Construction Workers II, which at that time was the highest category in the Drainage labor department? What was that wage scale? jl A. $1.65 per hour; II, $1.85 an hour.i Ql Now, when did you normally receive the Sugar Act minimum wage determinations? A Normally in late October cr early November. Qi There is a rede termination each year? A Yes. Ql When do you adjust the Drainage !| laborers’ wages?||!l A Normally on the effective date of the a <-> ♦- ■? »!■;j rfi bv *■ h o g n <7 ret ** * ’ * r of p o r ̂ culture .ll J A C K H . G R E E N E O F F I C I A L C O U R T R £ P O R T E R U . S . D I S T R I C T C O U R T I r>» r\ Sikes--direct Q. And has that been standard procedure for the company for some years? A. Yes, sir. a Did you do that in 1968, follow that same procedure? A. Yes, sir. d Did you do that in 1968, follow that same procedu::e? A. Yes, sir. CL As of October 28, did you know what the Sugar Act minimum wage determination for the following crop season was going to be? A- No, sir. t When did you learn of the Sugar Act minimum wage for that year? A. The determination, I believe, was issued on or about November 7th or 8th of 1968. & And when was that exhibit-- A. The effective date was November 11. & So, then, Defendant's Exhibit 2--when was it prepared? A. It was prepared on November 8, 1968. CL And w h a t d o e s i t s h o w as t o w h a t change was made at that time in the Sugar Act minimum J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . 8 . D I S T R I C T C O U R T « » » « » * » t n o o i n n |4 9? .4 & Sikes--dircct wage? A. The minimum rate was increased from $1.45 per hour to $1.55 per hour. q. What change did you then make in the Drainage Department labor wage scale? A. We changed the rate for the Drainage laborer from $1.50 per hour to $1.55, to $1.60 an hour; and on Construction Workers II, we increased the rate from $1.65 per hour to $1.85 per hour, to a new range of $1.80 per hour to $2.00 per hour.* Qi So, if on the date of the walkout a Construction Worker II was getting $1.85, which was the top rate for that job, what was his wage increase on November 11th? A. Fifteen cents per hour. $ In other words, $2.00 an hour? A. Yes. q, What was actually done--were the wages shown on that document there as being planned ^ere they actually implemented? A. Yes. q. Was the Sugar Act minimum wage deter mination for 1968 early or late or what was the i timing as compared to too receipt u*‘ jack w n p r f n p U . 5 . D I S T R I C T C O U R T Sikes--direct determinations in previous years? A. It was later than the preceding year. Cl Had the implementation of this wage increase been dismissed prior to--shortly prior to j November— excuse me--October 28, 1968? A. We were aware that the determination was due any day and that the rates would be adjusted to all applicable positions the moment the determina tion became available. Cl Had Mr. Yon been a party to the <r implementation of the previous wage increases under ; this procedure? I \ a. His recommendations are considered Iji with respect to any rates above the minimum. Qt And then once the rate is determined-- has he had' a part in previous years prior to 1968 j of carrying out this procedure? A. Yes, sir. & What was the first information you received as to the walkout on October 28, 1968? A. Very soon after I had arrived at my 1 office on that morning--it would have been very soon after eight o'clock. 0V*itj T.T V . - » 4 - -i r* i ^ Y f v \ r* f* £» . Co a h a d . |l II JACK H GREENE U . S . D I S T R I C T C O U R T Sikes--diroc t ft. Mr. Yon reported what had taken place, the action he had taken, his inability, of course, to comply with their request for an immediate increase in pay and we, naturally, concurred in his judgment. (X What action did you take at that time? ft. During the day we made an effort to contact Mr. Snail. THE COURT: Who is he? THE WITNESS: Mr. Small is the--was employed by the company at that time and was our rentI ! collector.| The housing provided for the Drainage j laborers at that time was rent free. Mr. Small was ||i| given a list of the men who had walked off and was I requested to make an effort to contact each of the men and to ascertain if they were willing to come back or would come back and resume their employment. 3Y MR. KELSO: ql Why did you choose the rent collector to carry the message about employment in the Drainage Department? ft. Mr. Small had with him or had available to him a master list of the tenants in the housing if or w*iOiU ti'ici COliip u Fl'j -- JACK H CtRFF.NE U . S . D I S T R I C T C O U R T Sikes--direct employees were included on that list. Q. Well, did he know where to find them? A. He would have known where they lived, their address. THE COURT: Mr. Small? THE WITNESS: Mr. Small. THE COURT: S-m-a-1-1? THE WITNESS: S-m-a-1-1. He would have known their address and would have been able to reach each man provided he was at home. BY MR. KELSO: Qt Did you take any other action? '•> A. Not immediately. Cl All right. Tell me then what else you did later on in order to-- A. Subsequently, we again made an effort to ascertain not only through Mr. Small but through other avenues whether any of these men would consider returning and resuming their employment. Q. At what wage rate? A. At the same wage rate as they were being paid at the time they walked off. MR. SANDERLIN: Your Honor, I would ̂̂ ̂ pp% ~ ~ J w • **• *k w t ~ ~ r~ X . --------- ~ . ----------- - . ^ v . v< . 4 0 . ,%<U • _ I . w — - u r v ' m r , p c r m p U . S . D I S T R I C T C O U R T Sikes--dircct extent: Mr. Kelso is asking the witness what action did he take and he is saying "we." He is constantly saying "we." I think it would be helpful for us to know who the "we" is, so that we could tell whether it is Mr. Sikes’ independent action or the action of someone el3e. THE COURT: All right. BY MR. KELSO ft stated? Would you please identify-” Yes, I did this. THE COURT: Did what? THE WITNESS: I contacted Mr. Small. THE COURT: And instructed him as you THE WITNESS: Yes, sir. BY MR. KELSO: ft Did you take any further action with 1 respect to the walkout? A. Not at that particular time, no. ft. Were most of these Drainage laborers | being provided free housing at the time of the walk out? K Yes . '! l! *it . . _ . , v • _______• - *- ~ 1 * • * * t l w l C * * w, J — —1 - l *** ~ *• • — — iii ' I S C K M r n r c M F U . S - D I S T R I C T C O U R T company houses? A. No, sir. Q. Does the company provide free housing ;! j for bargaining union employees? I A. No, sir. Q. V7hat category of employees does it provide housing for or did it provide at that tine in i iI October of 1968? A. Agricultural employees. q. Now, sir, there v/as some testimony here I the other day that a representative of somebody,! !! unidentified, at Moore Haven Sugar Company said that| | you told him not to hire any of the people who had j walked out. - Did you have any such conversation ! with e.nybo'dy at the Moore Haven Sugar Company? A. No, sir. Q. Did you have any conversations with anyone concerning any other employers, concerning the people who had walked out? A. One of the supervisory employees at the Sikes--direc t.I Evercane Refinery. Q. Who was he? C r>. v c* n J A C K H . G R E E N E O F F I C I A L C O H 9 T R E P O R T E R U . S. D I S T R I C T C O U R T Sike3--dlrect called. Qt When? A. On a Monday, and said that several men had shown up at the Evercane Refinery requesting consideration for employment. He gave their names and asked for any information that we may have on them. I advised Mr. Fawcett that these men had been employed as Drainage laborers, that on this particular morning they had walked off the job because of our refusal to «Scomply with their request for an immediate increase in pay, and no further comment was made with respect to these men. Q. What is your policy concerning giving employment with reference to or responding to employ ment inquiries, the company’s general policy? A. The company's policy is to respond to an inquiry with the exact facts pertaining to the former employee being inquired about. Q. Did you make any recommendation in the course of these employment inquiries as to whether the man should or should not be hired? A. No, sir. a what *19 f5 +-hc' status — — d. classify, J A C K H . G R E E N EÔctCIAt. COURT U . 5 . D I S T R I C T C O U R T Sikes--direct (499 I 3 I as a natter of policy, some employees as eligible for rehire and some as ineligible for rehire when they leave United States Sugar’s employment? A. There may be an occasion where an Jj individual leaves our employ and whom we will identify, as one that we would prefer not to reemploy. Generally speaking, we do not. Ql Where people walked out and were terminated as a result of the walkout, were they " considered ineligible for rehiring? A. No, sir. As a matter of fact, one of them, Willie Williams, I believe, was reemployed in the Drainage Department. Some of the others may have been re- iemployed in other areas of the company's operation. THE COURT: How much longer will your direct examination be? MR. KELSO: Not very long, about ten | minutes, fifteen minutes. THE COURT: We will take a recess. Be back in your places by eleven o'clock, please, so ij we may continue. Ijj (Thereupon a recess was taken, after which the followincr J A C K H . G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T i II r » a ->-»• Sikes--direot proceedings were had:) THE COURT: You may proceed. BY MR. KELSO: Ql Mr. Sikes, are there black employees of the U. S. Sugar Corporation who have white subordi nates, in the same relationship as these blasters and machine operators have Drainage laborers as helpers? A. Yes. Q. Who are some of those employees? A. The three operators at the-- * MR. SANDERLIN: We object to that. Again this is going outside of the Drainage Depart ment . THE COURT: Did we permit that on the plaintiffs' case? I want to be fair about this. MR. KELSO: I frankly don't remember. I know that they testified where they were; but whether they were cut off on other things-- THE COURT: I am going to permit this then; and, Mr. Sanderlin, if you care to call any of these three people or anybody else in your rebuttal, you may do so. Go ahead. yt?T ̂ f) • *** C a- V ~ * f ~ . s - J A C K H n n =• c M U . S . D I S T R I C T C O U R T Sikes--direct a continuation of the hearing, Your Honor, I would rather-- THE CO.URT: You withdraw the question? MR. KELSO: Yes, sir, I withdraw the question. THE COURT: All right. That disposes of it. Thank you. BY MR. KELSO: Q. Mr. Sikes, the Equal Employment Oppor tunity Commission investigative report-- THE COURT: Just one minute. The reason I hesitated on that was because my recollection j A L of whether facilities in some other parts of the defendant company, including the mill, were segre- gated--has been a matter of some evidence here, as I recall, an'd I'm trying to be fair about this thing. However, you have withdrawn the question and that makes it moot. You may proceed. | BY MR. KELSO: & Plaintiff’s Exhibit No. 5, the EEOC Investigative Report, concludes that the investigator finds reasonable cause to believe the company had discriminated "for their failure to promote Negro i i ̂ -s -* ̂ ̂ î̂ irr. 5 *■>~ J A C K H. G R E E N E U . S . D I S T R I C T C O U R T Sikes--direct white applicants from outside its work force.” Now, doer, the company promote employees in bargaining-unit jobs anywhere in the company? A. No, sir, the company doesn't have that exclusive right under the terms of the collective bargaining unit. The company or I would not encourage the solicitation of bids from any employee for a given position. I realize that Mr. Hancock testified yesterday that he had, oh, at least on one occasion suggested to certain employees that they present bids on advertised jobs. > Now, had Mr. Hancock asked me for advice prior to his having made such a suggestion, I would have advised against it. I realize that such a participation on the part of the company is pregnant with problems. We had such an incident take place recently. A particular position was advertised and without my knowledge one of the foremen encouraged an employee to bid on it. He bid. The foreman, in my opinion, then was not necessarily absolutely impartial in c* i \ p .*? c o n i d s r s f*. i o n ft o 3. j. X o f. n *3 i. s z ci ̂ ** & J A C K H . G R E E N E O F F ' C ! A L C O U R T R E P O R T E R U . 6 . D I S T R I C T C O U R T Si.kes--direct received for that particular position. He awarded the job to the bidder that he had solicited or recommended that he bid. This promptly brought about a complaint which ultimately wound up in arbitration and which we lost. This is one of the reasons why I do not recommend that any individual with the company, holding a supervisory position, encourage a given employee to bid or not bid. Q. You are using the term "solicit a bid" or "encourage a bid." The question was: Does the company promote people to bargaining-unit positions-- Are you talking about the same thing? A. Yes, sir, in my opinion, if we are talking about positions within the collective bargaining unit, subject to the bargaining rights, the agreement requires that the position be adver tised, bids received for a period of forty-eight hours. Now, I should think that this would,, in all probability, be a promotion because very seldom does one bid down unless he’s enrolled from a higher £> '\J — . U — ‘ * * • » * r* t r t i r o r c m r U . S . D I S T R I C T C O U R T { <6/ ______________________ ______ I 5 0 ̂ Sikes--direct what you're talking about. A. Right. Qt So, it is your statement that it is the company's policy,for all bargaining-unit joVs that I . are posted and bid, not to solicit employees to bid on those jobs; and if they don't bid, then they are I; no longer considered in the selection of a person to | fill that job? A. Right. HR. KELSO: We have no further * questions. THE COURT: Cross-examination? \ HR. SANDERLIN: Yes, sir. ! THE COURT: You may proceed. ! • ,j |CROSS-EXAMINATION | BY MR. SAN-DERLIN: q. Mr. Sikes, you said that when the Civil Rights Act went into effect, you had meetings where department heads were formed and had meetings ! as to the requirements of the Act? I v - ^ • L Yes. Q, Now, these meetings were just with I deoartment heads, the meetings that you had? I » V a <- , ! ! ‘ . !■. j II J A C K H. G R E E N E » j) O F F I C I A L C O U R T RC f’O F T E R U . S. D I S T R I C T C O U R T i Sikes--dircct ! 504 A 4** Q. What if the conpany, instead of encouraging an employee to submit a bid within the forty-eight-hour period, waits until after the forty- eight hours have expired, and assuming that there were II!l no bids, and then awards the job to— promotes an jl employee by awarding it to an employee v/ho didn't bid? !! Are there any oroblems under the contract with that?>! A. It would seem to me that that sort ofjl |j an arrangement would have two undesirable features; One, no bids are received within the forty-eight-hour period. An employee working within the unit is aware that the job is posted. He has forty-eight hours in which to decide whether he wishes to bid or doesn't wish to bid. Well, he chooses not to bid. The forty-eight hours expires. No bids are received. I go to this employee and say, "Look, bid." Then am I not giving him a second chance? And if I go to this particular employee and say, "Bid," and there are eleven other employees in the same department, in the same category, am I not li being discriminatory by not going to all twelve andj ! say, "Bid"? P t* n r* * - V V* t » v“\ V Tf 4- • o f JACK H ppr-c-NP u . S. D I S T R I C T C O U R T II Sikes — r’-nsg (X No w , were the department heads required to go any further-- A. Yes . & --in terms of meetings? a A. They were instructed to held meetings in their own particular department with their own supervisory personnel. Q. So they were required to have meetings with their, you said, supervisory personnel? It»u Right. d Did the company take any steps, to your knowledge, or did you taka any steps to see to it that the individual employees themselves were informed? In other words, did you instruct any meetings to be held with the regular employees? A. No, sir. d Now, you mentioned earlier that employees--!:o--where there is a job vacancy, rarticu- larlv in the oiler's position, the positron cculd be filled from off the street? A. Yes. 0. Now, vou said that quite o f t e n these positions were learned about from people witn.vn the -5 ~ — *------- rs +• O jac k m onesmt U . S . D I S T R I C T C O U R T A. ' In all probability, yes. Ol So wouldn't it be the supervisory personnel informing others of jobs? A. No, sir. | Ql - It. wouldn't? A. No, sir, I don't think that. I think the information on the street with respect to a given position would come from other personnel, nonsuper- visory personnel, within the union. Ql Wouldn’t a dragline operator be con- sidered a supervisor? A. Not in the terms that I'm using supervisor as a representative of management. A dragline operator is a first-class employee within the collective-bargaining rights of the union. Q. But you also mentioned that he had men ! working under him? A. He may have, just as I attempted to say that other first-class men throughout the company may have men working under his direction or leader ship . Qi Yes, but even though the person doesn't have the title, would he still be in a position supervising men?. . ... . . - - | J A C K H . G R E E N E Sikes--eross O F F I C I A L C O r p r p ^ p o R T F F U . S. D I S T R I C T C O U R T Sikes--cross #■ 50 8 K Directional leadership in the per formance of a given job. We mentioned a moment ago that Mr. Blount, in pile driving, would have laborers working there with him in connection with the pile driving; and, of course, Mr. Blount would say to a man, "Hold this here,” or "Hold that there," and so forth, in connection with the pile driving. Qt But you wouldn’t consider that as being supervisory? A Not in my terminology of supervisor. AT \A supervisor, to me, is a representative of management exclusively, not eligible for membership in the union. MR. SANDERLIN: One moment, please. THE COURT: Yes, sir. BY MR. SANDERLIN: You mentioned earlier about a Gerald Lockmiller-- A Yes. g. --bidding on a job? A Yes. Ql And being employed; and from that I show you this. Is this the record which is regularly kept by your office on him? J A C K H G R C S N E a ? - n , : |U . S . D I S T R I C T C O U R T Sikes--cross MR. SANDERLIN: Thank you. We would like to introduce thin in evidence. (Thereupon the instrunent referred to was received in evidence as Plaintiffs' Exhibit Ho. 1-D.) i BY MR. SANDERLIN:I Q. Mr. Sikes, you said that the houses ij were supplied. You riention houses being supplied- |j okay. I won't pursue that. “A (No response) , MR. SANDERLIN: We have no further i questions.i11 THE COURT: j 1 MR. KELSO: i • --drought up on his cross. • THE COURT: REDIRECT Thank you. I have a question that was What is it? EXAMINATION BY MR. KELSO: (X He has talked about how outsiders: learn of jobs, how the outside applicants learn about I jobs. # Mr. Sikes, do some of these applicants II learn of the jobs from persons who have seen theII Il) ~ n ~ , > Vv * n IIIIII J A C K H. G R F E N E O F F l C t A * r r y W P T R P O O P T E R U . S . D I S T R I C T C O U R T Sikes--redirect A. In all probability, yes. MR. KELSO: Thank you. No further questions. THE COURT: You may step down, Mr. Sikes. (Thereupon the witness was excused.) THE COURT: You may call your next witness. MR. HARDEN: We will call Mr. George Yon. THEREUPON— GEORGE YON was called as a witness by the Defendant and, having been previously duly sworn, was examined and testified as follows': THE COURT: You have been previously sworn, sir? THE WITNESS: Yes, sir. THE COURT: You may proceed. DIRECT EXAMINATION BY MR. HARDEN: Ql Mr. Yon, you remember testifying . . . — i . ^ ^ ^ u „ , . ----------~ j . . - » *• o M. - —. '-4 w i * w. - -* - • .i i — JACK M U . S. D ' S T R I C T C O U R T I Yon--direct crew? K & A. t| of licenses, & A. Yes, sir. I show you Defendant's Exhibit No. 1. Well, those are copies of--pardon me-- And who are the licenses issued to? One is to E. L. Rutland. Ql Is that Slim Rutland? A. That's Slim Rutland; and James Noah Whidden, U. S. Sugar Corporation; Cluie Hancock; and Clarence W. Stiles. q. Were those the men who were blasters and shooting the dynamite back in 1968? A. They are. THE COURT: What exhibit is that? MR. HARDEN: Defendant's 1, Your Honor. THE COURT: Thank you. BY MR. HARDEN: q . How long had those men been employed by the sugar company, Mr. Yon? A. Well, better than twenty years each. Q. How long had they been shooting ! dynamite? How much experience with dynamite had they i i\ r w u n p r r m r U . S . D I S T R I C T C O U R T Yon--diroot K It's been throughout that period-- earlier in their employment they would have been connected with it or around it, but they had been in the Construction Department all that time and are familiar with dynamite. q. Nov;, we have had a lot of testimony about the oilers in this case. Would you briefly outline for us again the duties and responsibilities of an oiler on the dragline? A. Well, of course, the dragline has a number of places that it has to be greased, once, twice a day, maybe three or four times sometimes, but that's not his only duty. In construction work there is always j a certain amount of stake-setting, and that's to keep the work lined up. This is especially with new work; there is quite a bit of it; and then to wait on the operator. Qt What do you mean by "wait on the operator?” cigarettes, :| adjustmentsi||I! u -> ~ v -3 Well, bring his water, bring his or help him in anything, minor repairs or that he had to make during the day when * t- ~ * * r~- ̂ ̂̂ *Z. ̂ ** f A C K w C D r m r U . 8 . D I S T R I C T C O U R T 513 Yon--d irect the oiler's duties. He is there as a helper and he is directly there during the day under the supervision of the operator. d Would the oiler's duties vary with the type of work being done by the dragline? ,Y Yes. If he was doing crane work, he would be on the ground to direct it, to help in hitching to the load he night pick up or in placing certain things in place or just if they were moving into a bad place, to be on the ground and to watch for — — to direct him which way to move if the operator can't see, and to help him place the mats in the proper place, to keep the machine from getting stuck. q. And the mats are — A. The mats are timbers that the machine walks on on soft ground or in bad places or in some places where it's necessary to keep it fairly level. d Would the duties of the oiler vary with the operator he is working with? A. Well, some of the operators are more particular about the machine than others, and they want it cleaner; so he is keeping busv--he would keep him busy wiping on it if he had nothing else for him ^ w f . ,* 4 . 1 . 4 ~ J n (•"> J ' J -P i * u*’ i - j r f r c m r U . S. D I S T R I C T C O U R T Yon--direc t them are very particular about the machines, and others might be satisfied to clean it up a little once a day. Ql So do some of the operators require oilers to clean the machine? ft. Absolutely. Q. That is in addition to oiling it? ft. Absolutely. q. Would this be done-- A The supervisor also requires him to keep it clean to a certain point. q, The operator's supervisor? A Yes. the Qi Well, why doesn't a ditching-machine operator have an oiler wait on him and work with him? Why do draglines have oilers and the ditching machines do not? A Those ditching machines that have been talked about are home-made machines. We built them there in the shop ourselves. There's none like them any other place in the world. They are mounted on a primary--just a regular tractor track, crawler tractor, and that's *hat, and the ^etcr is about the cnlv thine J A C K H. G R E E N E O F F . C I A U C O U R T R E P O R T E R U . S . D IS T R IC T C O U R T *7! O O i n S Yon--direct you have to grease. There is one pump on there that takes a little oil, but they do only one thing. It's a hydraulic machine that pumps mud out of the ditch. There is no other operation it does | It doesn’t pick up anything. It doesn’t move anything or dig any new ditches. It just pumps the mud out of I I the old ditch. I ■“ •Cl Is it generally in the field? A. It’s in a field. These machines go behind the harvest and clean the silt and that’s all !j they'll handle. I ; |!Iiii They won't handle any rock or hard material, and on that particular land the ditches silt up, so it's usually done once a year; you follow the harvest. . You can operate them immediately behind the harvest. I mean by that four or five or six weeks. Then the cane gets large again; and if you have them clean the ditch then, you can't get in there with that machine for that year; so when the cane in the spring gets waist high, you don't run the machine through there any more. YOU h d v O CO Shut t, ix. O * * > O'. vacant land, if you’re going to plant l-i - y J A C K H . G R E E N E O h r i t i A L o v - n . r-. _ r U . S . O I 5 f « I C r C O U R T M IA M I . F L O R I D A 33101 Yon--direct fall, you might go ahead of the planting and pump the ditches; but the machines are usually down part of the year. They are only good for that one oper ation and there is always two to three men with it-- as a rule there is one man there, so the duties of the oiler--just for that purpose only and to keep the machine clean is not necessary. There’s not much demand in the oiling work and there is no other work connected with it except to keep obstructions, the * trash that's been spoken of, out ahead of the machine, which would choke up the pump; but we never did use the oiler for that reason because it was no stake- setting and no--moving the machine was no problem. . ; Qi You didn't use mats? tu NO. ft Did the ditching machine then not go out in the woods away from other people the way a dragline does? A. No, the ditching machine stayed in the cultivated area of the plantation, was not connected with reclamation or taking in of new land. Q. There was some testimony earlier in 4-yi-i e; trial about a low named Lister Thorn.lev J A C K H. G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T M I A M I C l O R ’ P A m a i Yon--direc t. operating a ditching machine. Do you recall that he operated a ditching machine? A. Yes, he operated it some. Lester had oiled the dragline for at least two years and he had been around these machines. I think he bid in one once and run it for a while. Q. Was he, in your opinion, qualified to be a ditching-machine operator? A. He, in my opinion, at the time was qualified. Of course, those machines have different mot-orb on them. Soine--most of the draglines have* electric starters. » Q. What type of starter--I believe there was some testimony that one of the laborers had to help him as far as the machine, the ditching machine. 7L It's much easier--some of those machines had caterpillar diesel engines that would start it instead of an electric motor or a hydraulic motor, had a gasoline auxiliary motor, a separate motor to crank the big one; and it's much easier, . the way they were mounted, for the man that pulled the rone to stand at the side, and he couldn't have i worked it, nulled the rope and worked adjustments on I | t~ V, *. 1 J *. X 7 „ — x X ------ ----- ..3 x - . r. A * e e t . 3 x j *------- ----- --- If ..' . J A C K H . G R E E N E j p e p i r i A f r-^r-rr-r o - n n n * r Q | U . 8 . D I S T R I C T C O U R T Yon--direct to start. It was much easier if one man worked the thing, the controls, and the other one started it. In that case they probably would have to have help startit. ^ Q. . Would it be unusual for an experienced dragline operator not to be familiar with how to climb up on this ditching machine, who had never operated a ditching machine before? A I can't understand that because you can see the seat. I don't know why He’ couldn't climb up on it and get in the seat. Q. Well, back in 1965 , when the Civil Rights Act was passed, did you receive any word from your superiors in the company about the Act? A Yes. Q. Do you remember what the word was, what your instructions were? A Well, the whole Act was explained to us . Q. What did you do then? A Well, I went back and explained it to my assistants or supervisory personnel under me. I instructed them to comply with all the rules and regulations. J A C K H . G R E E N E O r r i U A L i O i . r ; i_r< u. s. o i s r m c r c o u w r M IA M I . F L O R I D A 33101 Yon---direct ! 5.19 Q. V7ho were sone of your supervisors? A. Well, Hancock was one of them. Eugene Hingson, I think, was one at the time, and a fellow named McDavid who worked in the railroad department j and not in the dragline department, but he was under i my supervision • 0- VJas there any change in the facilities | of your department, that is, the water fountains or bathrooms? ' A.1 * Not in my department. & Why was that? i A. I didn't have any. I 0- You didn't have any facilities? ! No, sir. & You didn't have any bathrooms? ' A. No, sir. & Why was that? jj A. Well, we were fairly new in the 3 hed j j and the office and then it was so near to other || facilities that we just didn't put then in. & I believe yesterday, Mr. Yon, there was Gone testimony fron the black laborers about being afraid of hard times from the operators if they ,1 oiu on cue oi-».er 3 r ' V , — t . A ' t f 4* ? t A r* i/* M P P p N H U . 3 . D I S T R I C T C O U R T I Yon--dircct A. well, now, they might have been afraid of that; but if I ever had knowledge of it or if one had been out there and they brought it to me, X would have straightened that out right quick. I wouldn’t say they w o u l d n ’t ever have a hard time if ther^ was I any way to-- MR. SANDERLIN: Your Honor, we object to that. He said that he didn’t have knowledge of it, no, therefore, he cannot say what he would have done under the circumstances.*5 THE COURT; Overruled. BY MR. HARDEN; q. These operators that the men were ! talking about being afraid of, did they also operate I ditching machines and do blasting work, some of them? A. They do swap back and forth. q. There was testimony that-- A. I don't know exactly which ones you’re talking about. q. Did the dragline operators, as a general rule, as a class, operate other machinery? A That's correct. q. But do these black laborers work with ~ j- s ^ana unu&r »iiu ■ \r u r\ m c- rr tr u. 6. D I S T R I C T C O U R T when they are ditching operators’, blasters, bridge j| building, and so forth? A. That's correct. q Do you have any knowledge of ̂ any mis treatment or abuse by the dragline operator, the jj individual, as a ditching operator, towards any of the black laborers? K No. j| $ Did any of the black laborers ever | complain to you about any of these operators giving I|J them a hard time? A, I would say that in the last twenty i;|j years I have had one or two complaints, but I don t IIi remember when they were, but not recently. - !Q. When you say "not recently," what do I ij you mean? . A. I mean in the last four or five years. q. Now, we have described the servicemanI job in detail. I believe you testified that Mr. Hall : 'was the serviceman for many years. What was Mr. Hall’s duties when he came to the machine with his truck? What were his duties and responsibilities?!i | A. well, he drove a truck with a rank on j II i ..v, •: ,-v, — - — i o ~ ®i]oi , V ^av'*■̂ ed oth « w!j ’ ....... • ‘ ~ 1ll — li — j ! A O K H n R S S N S Yon--<3irect U . S . D I S T R I C T C O U R T i r» 2 2 Yon--direct grease and any supplies that the'operator might have asked for the day before. He made a list on his rounds. He checked with the operator and wrote down anj lists, and in the case of the dragline it might be a cabxe or bolts, a lot of different things, brake bands, parts that he wanted to change; he made a list of them. When he went in that afternoon, he wrote requisitions, had me or one of the supervisors * to sign them, and he went to the warehouse and got all that stuff, put it on the truck and took it with . him on his next round. He had to keep a careful record of all the fuel and grease that went to each different machine, because we had a very good accounting system and we kept up with all that stuff. Sometimes it wasn't too easy, but he had to keep on his toe.3 all the time. q. Whose job was it to actually put the fuel into the machine, climb up and put the nozzle in the tank and put the grease and oil in trie machine? ; A. It was the oiler or any helper that „ j t , j _ u I . • _____ ____ , ; v x v , i t - chirf1. t r, r~ K W ^ b r r M r U . S . D I S T R I C T C O U R T Yon--direct ql Was that not a part of Mr. Hall's duties? A. No, it was part of his duties then to switch the pump on. The fuel was pumped up with an electric pump. When they got the hose in place, they switched it on. ql What would he be doing while this was going on? A. He, probably, would be talking with the operator about what he wanted the next day. q. We had a lot of talk about this walk out on Monday, October 28, about Mr. Mason's conver sation with you. i What did Mr. Mason ask you for or what did he ask you about on that morning when he talked to you? A. He asked me for a raise. q. Did he ask you for anything else? ■ A. No. q, Did he mention any desire to be an oiler or any dissatisfaction with not becoming an ij oiler?|| A. No. n 0„ v - v,„k r> i f or .»rv of th° other '~j| !l J A C K H . G R S F N E U . S. D I S T R I C T C O U R T I yon---direct | people? it K NO.i q, He didn't mention any complaints about ! the lack of a bidding opportunity?i A. No, sir.I Q. Did he mention anything, complaints about treatment by Slim Rutland or any of the working j foremen? . A. No, sir. _ .. Q. Did he mention any complaints about I ij the segregated facilities? A. No, sir. , Q. Was there anybody else in the groupil I j ‘I there that the laborers made any complaints about? A. NO . Qi Now, when the people walked over that j day and then went home, did any of them come back subsequently? A. Yes, two or three, the next day or the second day. & il replacements? Did you hire any new people, any In three or four days. Did you replace axl or tne strikers li J A o r\ r1 . o r< l t N c . O F F I C I A L C O U R T R E P O R T E R i» <- •v«sT»*trrr II M I A M I . F L O R I D A 3 3 !O i Yon--direct or all of the people that walked off? A. No, we probably--we didn't replace all ;j the sixteen. I believe it was because— well, one || reason was that it was right at the time of the year i|i! which is a dead time for the department. We just) jj wasn't pushed that time of the year, but we did re- |l . ,i place several.j| q . If it was the slack season, why did you have the thirteen or fourteen or however many I there was? Whey were they working at that time?iI *■ A. Well, we found something to do for those that we were going to need later on. Q. What did you tell Mr. Mason when he II asked you for a raise? A. I told him that I couldn’t give it to i|| him that morning because--but that I could promise him that they were going to get a raise and that Ii I !| was expecting to have the information any day, but I j| ; was positive I would know within two weeks. Qt Why did you think that you would know within two weeks? A. Well, it was just customary? we were ! already late with the information. I was just look- U . 3 . D I S T R I C T C O U R T I!___________________________________ ____________________ Yon-direct confident that we would have the information by this time. & You say "the information." Where was this coming from or what information are you talking about?i j l ft. Well, the increase in vages--of course, to me, it would come from management of the company because they were waiting on the information from the Government connected with the Sugar Act. Q. Did you know that the Government was-- the wage determination was pending the Sugar Act--the ! Sugar Act wage determination was pending? | ft. I knew it was pending. I knew thatI || we were very concerned because we didn't already have it. Ci There was some testimony yesterday or the day before about an accident or a near accident in the dynamite crew where a man got stunned by some fumes. Was that ever reported to you? ft. I don't remember ever hearing about it. Q. I believe there was testimony that Slim Rutland was the foreman of that crew at the time, the working foreman. How long had Slim bean )! r u «•*, *- J - - 1 . : x. -n r* ij I n f A C* K u o n - r m r U . S . D I S T R I C T C O U R T II Yon--direct A. Oh, for twenty-five years, I guess. & Had you known him all the time? A. Yes. Cl Had you ever had any complaints that he was careless? A. That he was careless, no. Ct Had you ever had any complaints at all about Slim Rutland? A. No, not directly to me. Q. Did Slim Rutland have authority to hire and fire people? A. No. * Ql Did you ever have any complaints about Cluie Hancock from the workers, either black or white? A. No. ' & Did you ever have any complaints that any of the dynamite blasters or blasterers didn't know what they v:ore doing and were careless or negligent? A. No. Q. There was also some testimony earlier in this trial about an incident with a James Franklin j at the Bryant Suoar House around the water fountain. j Did you receive any report from anybody at Bryant J A C K H G R S S N E U . S . D I S T R I C T C O U R T ll I Leon Mason? A. a worker? A. a A. Now, did you ever receive a bid from No, sir. Are you familiar with Mr. Mason as a Yes . What kind of worker was he? He was a wood worker. He was satis Yon--direct A I don't recall any, anything about the incident. I never did, no. i Q. Did you talk to Mr. Franklin about it? ! A No. 0 Now, the job that are posted and bid on in your department, where are the bids posted? A They are posted on the bulletin board right under the shed known as the dragline 3hed, and they are posted uptown on the bulletin board in front of the company's main office. € Qi Is that bulletin board uptown on the highway or the sidewalk? > A It's one block off the highway but on the street, which i3 like on the sidewalk. factory to me, and from anyone that he worked under , 1 ~t ̂ v ! - - - ~ ̂- J A C K H C R R R N R U . S . D I S T R I C T C O U R T I n Yon--direct Q. Now, do you think he was qualified an an oiler? A. I think so. Q. And he could have gotten the! bid-- A. ' Well, depending on the seniority of any other bid that night have come in late, he would have got it, yes. Q. Are you familiar with John French as a worker? A Yes. Q. Did you ever receive a bid from him? A Yes. Cl Did he get the job? A. No. Cl Why not? ‘A Weil, Mr. French was not cooperative with any of the employees nor with anyone he worked under or worked with. He was--I just did not consider him the proper man for advancement at all for the job. I had complaints that he was hard to get along with, nothing serious, but he just grumbled and argued with the other men. He just wasn't the type. J A C K H G R E E N E U - S . D I S T R I C T C O U R T Yon--*direct job that he bid on? A. No, I don't. I don't recall what time or what particular job it was. Q. There was some testimony here that Mr. Edwards' son--I think that he was awarded that I job. A. Could well have been that he had. He was awarded one job sometime. a Who is the Mr. Edwards that they were referring to? A. He is in the personnel department and Mr. Sikes' assistant. f t Department? Does his son work in the Drainage A. Yes, he worked a couple of summers. 'q. In what job? A. As a laborer and part time as an oiler. & Was he working as an oiler about the time that Mr. French was there, about this time? A. I think so. n - Now, vrVen vou costed a job for bidding, it was up for forty-eight hours; I am talking -bo;. 4 . 4 . v , - ? ^ -1 - r - . . - 4 . — ^ - n — . £ A w U U ' w v . — w • —< j ~ ~ ■ • >*%.,. -*■ w -* H U . S. D I S T R I C T C O U R T Yon--direct no bids to be received? vacant? A. I don't recall that ever happening. Ql You don't recall an oiler’s job going S A. Not going forty-eight hours without some bidding on it. Qi Why is it that Cluie Hancock testified yesterday that he had talked to some of the black laborers and suggested that they bid on the oiler's job?. Was that with your knowledge? A. No. Q. Would you have approved that if he told you about it beforehand? A. I don't believe I would. Qi Would you give us the reason for this? A. Well, we just made it a practice of not inviting anyone to bid on anything. Any job that was open, we left it open for forty-eight hours and let it go as it may. That was just the policy. 1 think it was a good idea. You could get into a lot of trouble inviting or notifying them that somethin., ..as 2P — and then they should come bid on it. x just dion - do that. r i . r\ _ c_ i » o- O F F I C I A L C O U R T R E P O R T E R U S O ' S T R I C T C O U R T M IA M I . F L O R I D A 33101 c; 7 '> MR. HARDEN: One moment, please. THE COURT: Yes ,' sir. MR. HARDEN: We have no further questions. witness? our evidence. THE CROSS: Is there any crass on this MR. SANDERLIN: We have no questions. THE COURT: You may step down, Mr. Yon. (Thereupon the witness was excused.) MR. KELSO: Your Honor, that concludes THE COURT: The defendant rests. Is there any further evidence? MR. KELSO: Your Honor, you suggested that we get together on the documents that are in that box that we consider relevant? that we number them and put them out separately. Was that your understanding? MR. ROBINSON: Yes. We only got one rebuttal witness. THE COURT: You have one rebuttal | witness? MR. ROBINSON: Yes, sir. I expect l! f ^ rrH f f *• V ^ v> ^ € A y W r\ t « r* w t -i r . d r r m i U . S - D I S T R I C T C O U R T THE COURT: Well, I will have to recess. I have an appointment at lunch with Judge Dyer from the Court of Appeals. Gentlemen, be back here at one-thirty. We will reconvene at that tine for your only rebuttal witness. At that tine I will have my Deputy Clerk here if there are other envelopes that you specially want marked in the Plaintiffs' Exhibit 1 series. We will do it at that time. Also, at that tine I will discuss with <5 you the further progress of this case. MR. KELSO: Might we have the Court's permission to withdraw certain documents to recopy them and refurnish them? THE COURT: It is perfectly agreeable if it is done by stipulation, gentlemen. All right, gentlemen. I will be back at one-thirty, hopefully. (Thereupon the trial was recessed for the neon lunch, to reconvene tr at 1:30 p.m. of the same day.). J A C K H G R E E N E r n » » t a e s m - r t } U . S D I S T R I C T C O U R T AFTERNOON SESSION I witness? Miami, Florida June 7, 1972 1:30 p.m. (The trial resumed pursuant to recess, and the following pro ceedings were had:) THE COURT: Now, you have one further MR. ESCARRAZ: Yes, Your Honor. THE COURT: A rebuttal witness?■* MR. ESCARRAZ: Yes, sir. We will call Willie Green. > |! THEREUPON—! WILLIE GREEN, JR. |j was called as a rebuttal witness by the Plaintiffs| jj and, having been first duly sworn, was examined and . j| testified as follows: THE COURT: This is your first appear- I ance in the courtroom, isn't it, as a witness? THE WITNESS: Yes, sir. THE COURT: Thank you. You may proceed. J A C K H n » r r- bj r U . S . D I S T R I C T C O ' J R T BY MR. ESCARRAZ: Q. Please state your name. A Willie Green, Jr. 0- Where do you live? 9 A Clewi3ton, Florida. Qt What is your address? A P. 0. Box 44. Q. Have you ever worked for the U. S. Sugar Corporation? A I have. " ' Q. When did you begin working for then? A The eleventh month, tenth day, in 1955 THE COURT: 1955? THE WITNESS: Right. BY MR. ESCARRAZ: p, Have you ended your employment with the U. S. Sugar Corporation? A Yes, I was discharged January 23rd. Of what year? A 1972. Ql Are you aware of a canteen at the Clewiston Sugar House? A Yes. H 9 V tfAM ̂r* J A C K H. G R E E N E M I A M I . F L O R I D A 33101 *i 152 6 j j1• |Green--uirect | { A. • Yes. ft Please describe how the canteen is set | 1 up. 1 A. Well, it has three counters cf which >, •• white is in the front; the colored is on the side, ■ ; -5-i and visitors is on the side. • | ' ft Okay. Have you ever attempted to use the front of the counter or front counter? A. Yes, I have. ft How many times? * A. A couple of times. & Could you say when, specifically? A. During the month of January. . ft Of this year? k That's right. •ft Were you served there at the front? k Yes. ft You were served there at the front? • rt. Yes. ft Could you describe what happened? A. Well, I was sitting there until all the1 whites were waited on. I11i ft Why was this? | !1 k x guess V - » - __ , ~ rDcCaU^c U a. x c* w j*. 1 1!i| I J A C K H . G R E E N E 1 O F F I C I A L COl H f urt ( j . S . O I S T H I C T C O U r t T M IA M I F L O R I D A 33101 i THE COURT: I couldn’t hear what he said. At least, I didn't understand. THE WITNESS: Because I'm black. THE COURT: You asked him to explain. What did you say? THE WITNESS: I said the lack of color, which is black. Well, I'm black. THE COURT: Tell us what happened in the canteen on that particular date. THE WITNESS: Well, I ordered a cup of coffee and some more white guys was around there and some was coming there--as they got waited on, some was coming, and when they got there, she waited on then and waited on me last. * .j THE COURT: Who is "she"? THE WITNESS: The lady is’ho is the manager, and she has an assistant. THE COURT: What's her name? THE WITNESS: All I know is Nina. THE COURT: Is she the one that-- THE WITNESS: She was here yesterday. THE COURT: Is she the one who necflected to wait on you and waited on the other Green--direct J A C K H G R E E N E U . S. D I S T R I C T C O U R T Green-'-dirc-c t THE WITNESS: Right. THE COURT: You may proceed. BY MR. ESCARRAZ: Q. I direct your attention to Saturday, around the 20th of January, 1972. Did you go to the canteen on that day? A I did. Qi And what happened? A Well, I had taken along--I had just got off from work. Q, Where were you working? A At U.S.S.C. Q. The sugar company? A Yes, and I went out to Mac’s Bar and a friend of mine, an Indian, and a girl and another fellow which has been employed for the sugar company, they were with me. When we went to the canteen, I ordered a cup of coffee and a hamburger. I think the Indian ordered nine eggs and this other guy a cup of coffee, and which some guys was coming around, some of the foremen, and I don’t know what was said. Anyway, I got the coffee. I got the coffee. I never did oar the sandwich and it J A C K H. G R E E N E O ^ F I C i A . C O U R T U . S . D I S T R I C T C O U R T Green--d irect ( 7 / 2 like she wasn't going to wait on me, so I asked the Indian fellow, "Come on, we'll use the rest room." So we. left this other colored guy, him and the girl, and we went to the rest room/ which is about a--a building out from the plant. Q Is it a distance away out? A. Yes. Q. How far away? A. I would say about from here to the front end of the courthouse, to the bus station. % Q. Would that be 100 yards or is it morei 1 j or less than 100 yards? I • | A. Walking, it is about 100 yard3. & Okay. Then what happened? A, As we was to the rest room, the deputy I sheriff come around there and asked us what w e was doing. I said, "I'm not doing nothing. I'm just using the rest room." He said, "You guys come out and go in front." Vie w e n t out in front where another : deputy were and he asked us, "What you all out here J A C K H. O P F F N F •J. S . D I S T R I C T C O U R T Creen--direct I said, "I just got out fron work about an hour and fifteen minutes ago, and I was getting a cup of coffee and a sandwich.” I said, "What's the matter?" I He said, "You are trespassing.” I said, "Why should I trespass?" Well, were you arrested or-- We were arrested. MR. KELSO: I object to this line of I don't see that it is rebuttal of any thing stated on the case in direct. If there was evidence of an improper discharge or discrimination related to discharge, then this could have been introduced in the case on ft K questioning, direct. THE COURT: This should have been part of your case in chief. This witness, if you knew about him and had him available, should have been adduced when you adduced your case so there would have been an opportunity, when the defendant put on his case, to meet this kind of proof. MR. ESCARRAZ: Your Honor, the specific 4 r*^*,*-> ■? r* n t; f" rm C ^ H t. ° ̂ 1 T\ O V/ 'C J A C K M U . * . D I S T R I C T C O U R T Green-~direct happened there. The witness that the defendant had, Nina Stanford, we didn’t know that she v.»as going to testify until she walked into the courtroom. THE COURT: Well, is this in rebuttal of her testimony? MR. ESCARRAZ: In rebuttal of her testimony. THE COURT: I’m going to permit this witness-- MR. KELSO: Nina Stanford was on a witness list previously furnished to the plaintiffs. THE COURT: I am going to permit this testimony and then make a credibility finding if I feel as though that is necessary. Go ahead. BY MR. ESCARRAZ: Ql To your knowledge, did blacks use the front of that counter very often? A. No. Ql And to your knowledge, did the whites use the side of the counter very often? A. No. MR. ESCARRAZ: I have no further J A C K H. G R E E N E O F F I C I A L C O U R T R E P O R T E R U . S . D I S T R I C T C O U R T *»•*»«» c*» r a in a i n - v ! ZA ”> CROSS-EXAMIMATTOM BY MR. HARDEN: & Mr. Green, where did you work last at the sugar company? A The pellet plant. 0 Where is the pellet plant? A It's located over in front of the boiler room. ft Is that part of the Clewiston Sugar House? • A Yes. •«? ft V7hat was your job at the pellet plant? A Plant operator. MR. ESCARRAZ: I object to this. This is not in cross of the direct. THE COURT: Overruled. BY MR. HARDEN: ft Is that a first-class job at the pellet plant? A It is . ft Did you have men working under you? A Yes . ft Do you know Henry Clay Spears? A Yes. O T - Vs , .V, * VI - 1 J A C K H G R E E N E n c c ! ' - | M r - r v i 'P T p e o n o T ' p U . S . D IS T R IC T C O U R T I ! 1543 . Green--cross i A. He is white. 1 i i MR. ESCARRAZ: . Your Honor, I object \1 1 again and move to strike as being beyond the scope of I 1 i the whole case here before the Court as well as being l beyond the scope of the direct examination. | i < THE COURT: The objection is overruled ! # and the motion is denied. . You may proceed. 1 BY MR. HARDEN: < ! ! 1 Qi Does Henry Clay Spears work under you - ; or did he work under you? A . Right. ( . 4 Qt On this day when the deputy sheriff > ; came out--you say that this was after you had been | off work? ' 1 A About an hour and fifteen minutes. • Q . How many people were with you? • A Three. Q . The Indian-- A The Indian and another. Q l Well, two Indians and a girl? A Right. Q. And who else? 4 * - - T „ /t ■: , „ „ -’ - ■> ' - ^ -> - T. W JL .» 4 O W •« *4 a.AAViX*.-** '■j ■** * * * j J A C K H. G R E E N E • 1 • U. j . U l b i i t l C T C O O HT . M I A M I . F L O R I D A 33101 I 1544 Green--cross 1 fellow and a colored man. & And you? A. Right. & Four altogether? A. Right. i ft Did any of the Indians work at the sugarl company? i{( A. No . !» & Did the colored fellow work for the i sugar conpany? 1!i1 A. He had. I & How long ago? A. Probably two months. ! ft What was his name? A. Ernest Henry. 'ft Where did he work? i j A. The boiler room. ft At Ciewistcn? A. Right. ft But he was not working there then? A. Right. 1!l!II ft And none of the Indians worked there A. Right. I! n o ’nr? * * o u ft T. 1 br*ori" * v. o i ft c * s o ri l J A C K H. G R E E N E f ' C C ' - ' \ 1 «**r\ f i o r c n R I T ! ? U . S . D I S T R I C T C O U R T !l I A. I had been to Mac's Bar. Q. Where had t h e Indians be en ? A. I don't know where they had been. 0. Where did you meet them? ' A. Out to Mac's. Ql At Mac's? A Right. Qi Did you meet Ernest Henry at Mac's, Green--cross also? off work? A Right out to Mac's. & Out to Mac's? A Right. Q. How far out? A Out the bar, not in the bar. & Outside? A Right. & How long had you been to Mac' s bar? A I'd just gotten there. & Did you come straight from work? A No, I had been riding around town. & How long had it been since ycu vers A About an hour and fifteen minutes. & jl \— t- - ■« i -4*̂4%̂ jr s>4-4 » * If LI U . S. D I S T R I C T C O U R T Green--cros s riding around? A. I couldn't exactly explain that. Cl Had you been drinking? A. Wo. | ft No drinking at all? A. No. & Didn't you have any drinks at Mac's Bar? A. No. & Had any of these other people been drinking? A. I couldn't tell you that. I don't know. a You don't know whether they had been drinking? A I don't know. ft Now, what happened when you got to the j sugar company? A. I went to the canteen, ordered a cup of coffee.I Q. Why did you go to the canteen? A. Everything else was closed. We always went there. Q. What time of the day was J A C K H. G R E E N S O F F I C I A L C O U R T P F P O S T E R U . S . D IS T R IC T C O U R T M I A M I O R i n A -> -* • 's • Creen--cross ( k It v/a3 one-fifteen at night. o. In the morning? k In the morning. Q. And you had gotten off when? A./ At twelve. & Midnight? 4 A. Right, probably a little after twelve. • ■ j f t Y7ho was in the canteen there? ! ! Isabella. & . She works in the canteen? A. Right. & And the canteen is open twenty-four hours a day? ■ k Right, season time. ' 0- This was in January? ' A. Right. & What happened then? 0 p- Ordered a cup of coffee and sandwich. I ’ a And then you left? A. I ordered the coffee, got the coffee. I didn't get the sandwich; left; went to the rest roora; cops cone around. 0- Whv did the coos cone? * ■» l>. 8 . D I S T R I C T C O U R T I e. 4 £ called them. 0. Green--cross Who must have called them? A. Some of the employees. i (X Did you have any conversation or con- ! tact with one of the foremen at the mill? . ' A. Neither one, no one. ■ Q. How about one of the security guards? • * •' A. No one. (X You didn't have any contact with any- . . . one working at the sugar company? * A. He weren't around there. No security lj|, guard was around the canteen. i| Ql How about the gate going into the mill? A. There wasn't a gate then. It was no fence around there at all. You just drove up and went in? A. Right. (1 Did you go to the front counter or to the side counter? A. I went to the colored side first, didn't get no waiter, and then went to the white side. (X And you got waited on at the white side? H 7\ y V-, *.t V> 4 4* f \ f" t .t *> o r* r> ■ • J A C K H G R E E N E U S . D I S T R I C T C O U R T I cry Green--cros s I 54j— I Cl Well, I'm talking about 1:15 a.m. in the morning. A. Right.. 0. IIov7 many whites were there ;iien you had to wait?’ A. I remember seeing about four or five, probably. q. V7ere any of them employees of the sugar company? A. Right. <? Cl Were they working then? A. I don't know exactly. I know they was employees. I Q. Was the shift in progress then? Did they run three shifts in the sugar mill then? ’A. Right. Q. You don't know whether these men that were served first were working or not? A. I don't know whether they were on the shift or not. Q, When you all are working in the sugar house, do you have break periods where everybody goes j to the canteen? n **• v ^ ^ ^ i . ’ n 4 . b t f **"'■ J A C K H O R E S M E I U . S . D I S T R I C T C O U R T Green--cros s ft You can just walk off and leave your work and go? A Any time, if your job is filled. ft If your job is filled? ft A. ' If somebody is on it, like if you work together with somebody and they can hold your job down, then you can go to the canteen. ft Do they have regular break periods? A In the summertime mostly. They post it. You have % fifteen minutes in the morning and fifteen minutes in the afternoon. ft And how about lunch period? A We don't have a lunch period. ft You just take off when you want to? A In the morning and afternoon. ft What did you say to the policeman when he arrested you? A f t A ft A Nothing . What did he charge you with? Trespassing and disorderly conduct. What was the disorderly conduct? I don't know. ft What happened to your friends, the ! .............. U ^ t V> ^ 4r 1 ^ i J A C K H. G R E E N E O F F IfT fA !. C O U R T R P P O ? r r R U . S . D I S T R I C T C O U R T I! A. They charged one with drunk and they didn't charge the girl nothing, charged the Indian fellow $150 and charged me $500. Greert--cross & A $500 fine? A. No, bond. Q. Have you been to trial on this charge? A. I have. & What happened at the trial? A. They dropped--•at least when I went to the court they went up on my bond. I don't know why; but, anyway, I was supposed to report back--after I went to court, I was supposed to report back to court, and which I got off, out of jail, which I caught a j ride back, which I was going to report to work at eight o'clock. So about seven o'clock one of the fellows told me the cop is hunting for me, so the fellow that bonded me out--I went down his house. I asked him what was wrong. I figured I|something was wrong. iWhen I got there, he said, "You got the money?" I told him I was going to pay him that > Thursday coming when I got paid. Then tv e “ r*d f c rnn ***■> n v.d one of thn J A C K H G R S E N E e r - i n \f r ^ u o r orpi'orr n U. S. D I S T R I C T C O U R T Green--cross employees of the sugar company, Junior Wilcox, and say, "When did you escape?" I said, "Escape?" I said, "I didn't escape." : V I said, "I've been living here all my life, working all ny life or over half my life." q. This is after the trial? A. The first one. & Well, how many trials did you have? « K Three. & On this one charge? A. Right. & And you have not been convicted yet? A.i At the end of it all, it was $50. | & Now, tell me where the Indians were when you went over to the rest room? A. One was with me. & Which one was with you? A. The man. Q. What was his name? A. David Billy. & Was he the one charged with being drunk? n. !1 i 1 No, the colored guy, Erne j a c k h g r e e n f: O F F I C I A L C O U R T R E P O R T E R M I A M I . F L O R I D A 35101 Green--cross works for the City of Clewiston. Q. What was David Billy charged with? A. Trespassing and disorderly conduct. q. Where was Ernest Henry and tbe Indian girl and the other Indian fellow? A. Wasn't but four of us. Qt Well, where were the other two then if you and David Billy went off to the rest room together? Where were the other two? A. They was in the car when I got back. Q. In the police car? A. No, in my car. \ Q. When did they get charged with being drunk? A. When they got out the car and they cone back to see vrhat was wrong with me--the boy did,* and then they charged the Indian boy with drunk. Q. What did the girl get charged with? A. Nothing. Q. Where were they when you left to go to the rest room? A. At the canteen. q, Had they been served at that point? » t 4. V 1, f- — V ̂ pi) I' rt •’ r T ' ̂ J A C K H. (5 R E E N E O F c r *— * > * or* o o T ' -r -o U . S . D I S T R I C T C O U R T Green--cross know about the girl. Qi You don't have any idea of why the police were called? A. I don't know who called them or why. Q. Well, why did they come up and say anything to you--what did he say to you at first? A. They didn't say anything. He just asked me what I was doing out there and I said, "I work here." I've been working there seventeen years-- all my life. I worked in most of the departments% that the sugar company got. Q. I know that. Now, what did you say to the policeman? A. Nothing. Q. You didn't say anything to him? A. Not nothing. I say, "I don’t see how | you can charge me with trespassing." That's all I said. Q. What did he say to you?! A. He said that he had to go see some fellow and come back. He said, "I charge you withI j trespassing after warning you, and disorderly conduct."I q. What was the warning?i A* «L Cl OI i C 2 w 11 o w • ■ III II J H . u h h e l\ t . O F F I C I A L C O U R T R E P O R T E R m «* n - e T o i r r r e n o T M I A M I . F L O R I D A 33101 Crcen“~cro3 s ft Did anybody give you a warning? K No, nobody said anything to me. ft How long were you in jail? A. I stayed in jail all that night and got out the next norning. ft Had you sobered up by then? A. I was not drunk. I don't get drunk. ft You don't get drunk? A. I drink but I don't get drunk. ft* How did you come to leave the sugar company? How did you come to lose your job? A. Well, after they come pick me up for escape, they kept me in jail till ft Nov;, when was this escape thing? K That same Monday. 'ft You just walked out on Monday morning? A. No, the deputy sheriff let me go, told me to come on. I had to go to work, catch a ride and come on out. ft Well, how did you lose your job? A. Well, when I got out of jail that Wednesday they posted my job the following Monday-- they posted my job on Wednesday. 0* O W f w C +J v l O i v . . . « w . w M * * *- J r\ v_. i \ i ' » . u u u . L . i * C. O F F I C I A L C O L R T R G P O R T E A U . S . D IS T R IC T C O U R T M IA M I . F L O R I D A 33101 Oroen--cror>s c • was all this happening? A. Saturday night. Q You got out of jail on Monday morning? A. I got out of jail Saturday n̂ .ght; want to work that next evening. q. Sunday? A. Right, Sunday, at four o'clock. q. Well, I thought you said you got out of jail on Monday morning. A. The first time I got out of jail on a Sunday morning and went to work at four o'clock that afternoon. Q. All right. A Went back to the court that Monday. q, Did anybody in the company say anything .to you on Sunday? A. No. I went right back to the same canteen where I got put in jail for this. Q, When did you go back to the canteen the second time? A The same time I got off work that night, Sunday night, midnight. ql You went to the canteen at midnight? - - ?ri. Oduie people WCJ., ^- O F F I C I A L C O U K T K fc rO H » s.i< U . S . D I S T R I C T C O U R T M I A M I . F L . O r t lL iA 3^JOi Green--cross ( t nothing. I got off work. I worked fror, four to ; twelve. I go to court at two o'clock. Q. On Monday? jj A. Right. I aet out of the couVt--getI out of court and I cone hone and I'm going to go to work. I told the boss nan I was going to cone to i ! work at eight. Who did you tell? Joe--I can't--Joe Dominguez. What is his title? He is the old nan over everybody out In the mill? Over the pellet plant. What happened? Nothing. He just told me to come to work when I got out of court. ij Q. And then what happened? A. That's the sane time they cone pick me up for trespassing and held me in jail till next j Monday and then dropped all of the charges.I Q, How many tines have you been in jail ; now? j!II A. I UUBll ill jUii ofic bH -11 a A. & A.IIIi there. A. Q. 'A, J A C K H. URf c. f c. NE O F F I C I A L C O U R T R E P O R T E R M I A M I . F L O R I D A 33101 Green--cros 3 this Sunday and I went bar?: to jail--the sane time-- they said I escaped, which is on a Monday afternoon. & Did you ever get to work on Monday afternoon? A How could I get to work when they pick me up and put me in jail? & You were in jail on Monday night? A. Right. ft Now, when did you get out of jail that time?* A The following Tuesday— a week from that Tuesday, following Tuesday. 1 a A week you're in jail, a week? A. Which was seven days, eight days exact. ft And they charged you with escape the second time? A (Nods in the affirmative.) ft So you are in jail a week? A Right. ft What happened then? A They let me out. ft Did you go back to work? A i couldn't go back to vc . . . . . : ' -J-.T 1 • * " . V • ’ b j n C ' 4 . r i . o r\ u. ^ c . O F F I C I A L C O U R T R E P O R T E R U . ̂ D IS T R IC T r o f i R T M I A M I . F L O R I D A 33101 Green--cross They discharged me, took off my pay. & Who had discharged you? A. The company. & How did you know that you were dis- charged? A. I went to punch in and the timekeeper told me I was discharged, so I left there and went to the office. & What office? A. The main office where you pick up the checks. He said, "You're discharged." & Who said that? A. The paymaster. i 0~ What's his name? A. I don't know his name. & When you got picked up for escape on Monday, did you call the company or your boss or any- body and tell A. where I was. them where you were? I didn't have to call. They know One of the supervisors was in the sheriff's car with him. f t 1 A ‘ rwi Who was that? no useu to oc presruenu i 1 . j /\ u r \ n . <o rt c. N tz. O F F I C I A L C O U R T R E P O R T E R »i 5 DMrrwicr M I A M I . F L O R I D A 33101 I there, Jin Wilcox. £X He was president of the union? A. Yes, used to be secretary of the union. Q. Were you in the union? A. Right. Q. Did you pay dues? A. Right. Q, Did you file a grievance with anybody about this? .. ; « A. I didn't file nothing. I know I was discharged the way they did me. Q. And when you found out you were dis charged, when you went to go to work after you got out of jail, did you complain? A. Complain? All I can say is I went to | get my job and never had none. Q. Did you file a complaint with the Green--cross union? A.. No. ~ - & Did you file a grievance? A. No. C- Did ycu complain to Jce Do A. I went tc him. :| !> r IIli _______ II O F F I C I A L C O U R T R E P O R T E R II MIAMI. FLC.liOA 32*D5 1 i• Green--cross 1 1 ! A. He didn't say nothing, just smiled and v say, "I told you. " & Told you what? What did he tell you? 1 A. I can't explain it right now. / 0- Well, explain it, please. A I A. I can't explain it because I forgot. 4 & What did you tell Joe Dominguez? • A. Nothing. I said, "I'll come back to I work.” ■ 0. Was this after you picked up your pay? 1 A. I picked up two zeros. I didn't pick up no pay. > > QL When did you talk to Joe Dominguez? - A. The following afternoon late when I got out of jail. The second time on escape or the first time? • A. Wall, I didn't escape but one time. w a All right. Then you are in jail and y o u got out on Monday and you were picked up for e s c a p e ? <• j A. Right. & And you worked Sunday night and then • y^U -° 1/ - Ui . *» *•* _ i \ < J U .■» U - . W * . *■- L __ __ r * \ r u U . S . D I S T R I C T C O U R T 1’ i i n n i l . I w a i u n j o . u t Green --cross 1 A. My boss and one of my fellow workers was hunting for me the same night which I was picked I ‘j| up for escape, but I never did get in touch with them. Ql You never got in touch with your boss? A. No, they wouldn’t let me stay in Clewiston. They rushed me away to jail twice. Q. They were afraid you would escape | again? That1s right. Couldn't you make a phone call? At that time they didn't let me make i no phone call. I sent word by one of the Indian boys i to tell my cousin I was in jail. I (l Did you send word to the company? A. I didn't have to send word. One of jl the supervisors, Junior Wilcox, was in the sheriff's car when they I about this? A. & & j rt« picked ne up. When did you talk That afternoon. What afternoon? When I got out cf The second time? to Joe Dominguez O rriC In L CUU>\i K t.'U K lu K U . S . D I S T R I C T C O U R T M I A M I . r u u m U A j j i u i a « 4* % Grcen--cros s Q. Before you tried to go back to work? A. Well-- MR. ESCARRAZ: Your Honor, I think this is getting very repetitious. MR. HARDEN: Your Honor, I want to find out when he was discharged. THE WITNESS: I was discharged on a Wednesday, I guess. I don't know. Anyway, my job was through on Thursday or Friday, following Thursday or Friday when I went to jail. BY MR. HARDEN: & You didn't make any complaints to any body? A. No, I only went to get my pay. . j q. And how long did you work with the company, you say? A. & about this? Seventeen years. Why didn't you complain to somebody THE COURT: The objection is sustained. How long have you been in the union?. THE WITNESS: A p p r o x i m a t e l y about ten years, something l i k e t h a t , about t e n years. j a c k h g r ^ h n e U . S . D I S T R I C T C O U R T in Green--redirect further that might be helpful? MR. HARDEN: No, sir. I don't have anything further. MR. ESCARRAZ: I have just few short questions. THE COURT: All right. REDIRECT EXAMINATION BY MR. ESCARRAZ: Q. Did you testify that some of the blacks sometimes go to the front counter? * MR. KELSO: Nov/, Your Honor, this was not a part of the cross-examination of this witness. THE COURT: That's beyond the scope of the cross, I think. The objection is sustained. I heard v/hat he said on direct about that and I got it written down here. BY MR. ESCARRAZ: Q. How long have blacks gone to the front of the counter? MR. KELSO: I object. Again not in cross of anything. THE COURT: Sustained. i * ■*“> r-* '•v to ' i r x j M l A n l l t r U . S . D I S T R I C T C O U R T 5 C 5 No further questions. • •THE COURT: You may step down. (Thereupon the witness was excused.) THE COURT: You may call ycufc next witness--is this your only witness? MR. SANDERLIN: We have no further witnesses. ; THE COURT: The plaintiff rests. MR. KELSO: We have no further witnesses but we still have that problem of getting these documents into evidence. THE COURT: Which documents do you have there, just one or two? MR. KELSO: We picked out about four envelopes THE COURT: Well, you just want to offer then in evidence? MR. KELSO: Yes, Your Honor. THE COURT: They are received. 3ring them forward and have my Clerk mark them, please. THE CLERK: The first one is Plain- tiffs’ 1-E. THE COURT: What is the name of the jj m a n ? II 0 » r i U A . ------ --- rv - ~ » U . 6 . D IS T R IC T C O U R T Ar iis t ivi i . r t v r t i w n j j . w M I X . . # i THE CLERK: Samuel Johnson. THE COURT: That is received as 1-E, |Plaintiffs’ 1-E. (Thereupon the instrument referred to was received in evidence as Plaintiffs' Exhibit Ho. 1-E.) Williams Mason, Grav. ii If. THE COURT: The next one? THE CLERK: Plaintiffs' 1-F, Willie THE COURT: Received.. . (Thereupon the instrument referred to was received in evidence as Plaintiffs' Exhibit No. 1-F.) THE COURT: The next? THE CLERK: Plaintiffs' 1-G, Leon THE COURT: Received. (Thereupon the instrument referred to was received in evidence as Plaintiffs' Exhibit Mo. I-c.) THE CLERK: Plaintiffs' 1-H, Hartley THE COURT: Received. (Thereupon the instrument referre O F F I C I A L C O U R T R E P O R T E R ! 1 ' Plaintiffs' Exhibit No. i-H.) THE CLERK: Plaintiffs' 1-1, Janes E. ! Baxter. j THE COURT: Received. (Thereupon the instrument referred to was received in evidence as / Plaintiffs' Exhibit No. l-l.) THE COURT: Counsel, is there any 'reason why the defense may not withdraw all of these || il other envelopes and records in these boxes except for j ! those that have been marked in under the "1" series? MR. SAHDERLIN: No reason except that there are some more, but we have no objection. THE COURT: Put yours in now that you want in. May we put them in under the plaintiffs' ! designation because they are in sequence? Do you V have any objection to that? MR. HARDEN: No, sir. THE COURT: Name the ones that you want. MR. ESCARRAZ: Amory L. Bentrn. THE CLERK: Plaintiffs' ~ v.hi .'it 1-J. . (Thereupon the ins r -*>.• t referred, * ( to was received ; Plaintiffs’ Exhii■> \ J A C K H GREENE i! O F F I C I A L C O C R T R E P O R T E R U . 8 . D IS T R IC T C O U R T M I A M I C l O P m a _____________________________ ________ | 56 8 MR. ESCARRAZ : Lester Thonlcv. THE CLERK: Plaintiffs’ Exhibit 1-K. (Thereupon the instrument referred to was received in evidence as Plaintiffs' Exhibit No. 1-K.) MR. ESCARRAZ: James V. Henderson. THE CLERK: Plaintiffs' Exhibit 1-L. (Thereupon the instrument referred to was received in evidence as Plaintiffs' Exhibit No. 1-L.) MR. ESCARRAZ: Roger Stevens Adams. THE CLERK: Plaintiffs' Exhibit 1-M. (Thereupon the instrument referred to was received in evidence as Plaintiffs' Exhibit No. 1-M.) MR. ESCARRAZ: John W. Brown. THE CLERK: Plaintiffs’ 1-N. (Thereupon the instrument referred to was received in evidence as Plaintiffs' Exhibit No. 1 MR. ESCARRAZ: James L. Pencar THE CLERK: Plaintiffs' r'vv ' t 1 (Thereupon the 1 <.» f “ r *'cerr to was receiv'd : ■* L —ainti C C .-L J A C K H v j r i ’ i C I A L C O U R T H £ P w H i t . r t U . » . D I S T R I C T C O U R T \ . •«» i /-v.» i A j • u i ! I! ( T f j .1 ,r * •.' ; ‘ j; j McCleod. l I j Court — there with now, if MR. ESCARRAZ: Gary B. Williams. THE CLERK: Plaintiffs' i-P. (Thereupon the instrument referred j to was received in evidence as Plaintiffs' Exhibit No* 1-P.) MR. ESCARRAZ: Timothy Paul Lucey. THE CLERK: Plaintiffs' 1-Q. (Thereupon the instrument referred to was received in evidence as Plaintiffs' Exhibit No. 1-Q.) MR. ESCARRAZ: Next is Lawrence Grant THE CLERK: Plaintiffs' 1-R. (Thereupon the instrument referred to was received in evidence as Plaintiffs' Exhibit No. 1-R.) MR. ESCARRAZ: Bobby Gray. THE CLERK:' Plaintiffs’ 1-S. (Thereupon the instrument referred I to was received in evidence as Plaintiffs' Exhibit No. 1-S.) MR. ESCARRAZ : The next o:. | ■ MR. ROBINSON: Can re _r-\. . ,e I are some records tha* ... . \ the Court is goincr :• ■» •.. | — “ ' •" | i » J A C K H. G R E E N E O F F I C I A L C O U R T H S P O R T R R ___________________________________________ ! 5 6 9 U . S . D I S T R I C T C O U R T M I A M I p i n o m a 570 * hearing on earnings, if that becomes necessary. THE COURT: I will announce that later Because of the state of the record, the matter of earnings or wages will be excluded from this hearing. If it becomes necessary for me hear that, I will schedule another hearing. MR. ESCARRAZ: Then we can dispense with the rest of them, Your Honor. THE COURT: Nov/, approximately how many envelopes, personnel envelopes, remain in that box? “ ' MR. ESCARRAZ: I would say around sixty, sixty-one, sixty-two, something like that. THE COURT: What are all these envelopes that have been received— what evidentiary value do they have? MR. ESCARRAZ: The relevant parts, I believe, are the employment applications, which would show that the defendant does not consider the educa tional background or previous employment backaj jnd as being very significant. THE COURT: For what jr ’ , a?- s gch’ MR. ESCARRAZ: Yes r.-. , i • !)i ain- ' age Department. ’HE COURT: Are . y O t O | J A C K H . G R E E N E O F F I C I A L C O U R T U . 3 . D I S T R I C T C O U R T M I A M I ert I r -i ./ 1 f t — ! | - that are related to these men who left the job in October of 1968 among these that you pulled out and have been numbered Plaintiffs' 1-A through 1-S? MR. ESCARRAZ: Of the named plaintiffs, only one of these has been introduced-- ^ THE COURT: May the defendant withdraw and take with him the envelopes that are left in the box? MR. SANDERLIN: Yes, Your Honor. THE COURT: You may take them, Counsel. Now, what about these folders? May* they take those? MR. SANDERLIN: Yes, sir. '■> THE COURT: The Court will consider only those that have been marked either for the plaintiff or the defendant or Plaintiffs' Exhibits 1-A through S; they are all marked for the plaintiff, gentlemen. Now, let me suggest-- MR. KELSO: Your Honor, :..irify one thing. I think we had agreed being submitted in evidence is--a~c the cover of these envelopes, slips inside that reflect the--’ < on »s CL xT *2 <3 O a . ^ 4 - 0 w W V — x . - i I f t r . K LI ^ b r r m r U . S . D I S T R I C T C O U R T f 572 f i MR. SANDERLTN: Ye??, sir. MR. KELSO: And all the supplemental slips--these are current working records. THE COURT: They will be in safekeeping with my Deputy Clerk. I will need then, of course, to refer to in an analysis of the record. Now, when I say “the record," I mean the record that I have made with my handwritten notes. I'm not going to ask the court reporter to write it. However, if you want it, you can order it now. Do you want it now? 47 MR. KELSO: Yes, sir. THE COURT: You may prepare it, Mr. Reporter, an original and a copy for each side, and bill counsel for their copy and I will assess costs or have the Clerk do it after the findings of fact and conclusions of law have been entered and the judgment. Nov?, today is June 7 , 19 72, each side to submit to the Court promf ‘ i •' * complete set of findings of fact an ! ; . ' • law, supported by a memorandum or ,u . ■ ' •' i opinion for the Court's considet! i be in narrative form, in lieu ' r* f ■i v t . : .r ' o' U>! J A C K M n p r r w r U . S . D I S T R I C T C O U R T I There would cone to nc for assistance, guidance. Seldom, if ever, have I adopted any sub mission. I usually use them for whatever value they have and then prepare my own; but I want yours to be full and complete, supported by a memorandum. The plaintiff will submit it to the Court, with copy to counsel for the defense, and counsel for the defense will submit it to the Court with a copy to counsel for the plaintiff, without any replies being permitted. You can put it all in the first one. I want those things promptly. Now, today is June 7th. Is there any reason why I can't have them by the 14th? MR. ROBINSON: Your Honor, we would, |j of course, greatly prefer to have the benefit of the transcript. Now, I must assist, personally, in preparing Mr. Greenberg for the arguments in Cane v. j Georgia Power or United States of America v. Geor^ a Power. There are three thick v- . * •■>£ Appendix which at this point has nc - r : tec and that is to occur or. the 12fh,II !j then, and my schedule is just r I! ......... ..n ......... -■ p ~ — ~ ..... .1 # TVf W ^ D r F I! r II U . S . D I S T R I C T C O U R T other lawyers, Mr. Sanderlin for one, and his associ ate? MR. ROBINSON: Your Honor, I would like to have the opportunity to participate. However, I realize I am asking the Court to accommodate me in my desire to participate in the writing of those docu ments; but if that's possible, I would appreciate it. MR. SANDERLIN: Well, there is one question that I have and that is as to when the reporter may have this ready. THE COURT: Gentlemen, I am going to relax my requirement for promptitude in these sub missions and permit them to be filed and exchanged as ordered on or before July 14th. Now, this is assuming that the court j Ireporter will have this in the hands of counsel, the transcript, on or before the 23th of June. That wil* give counsel two weeks to prepare these submissions and submit them and exchange them. That is a delay which I wa^ trying avoid a few moments ago when I suggested week, the thought being that it is much en n 3 to etc *• t?se things while they are fresh in your r.o.: However, if you - r > i . heavilv committed vou J A C K H. G R E E N E O F F I C I A L C O U R T U . 8 . D I S T R I C T C O U R T I i not going to force you to do so. I recognize that that is such a short time. MR. ROBINSON: I appreciate it. THE COURT: I realise that it is so short that it wouldn't be fair and reasonable to require it. Now, on or before the 14th of July, each side will submit to the Court either a full or complete 3et of findings and conclusions supported by memorandum, with a copy to the other side, or a memorandum of opinion that is in narrative form dealing with the various facets or aspects of this case separately, in separate paragraphs. Now, I want your help and I want what ever you submit to me to be supported by memorandum that makes reference to the transcript. Are there any questions? Gentlemen, it has been my pleasure tc be in this trial with you. outstanding a another count - T 'I** ^ v* J » U U . U MR. ROBINSON: I do have one quest THE COURT: Yes, sir. MR. ROBINSON: Opposing ~y/.'sel ' motion to amend th - • - .. •%r-c which, if the Ccu .. .. . warrant the disir- it J A C K H . G R E E N E O f r l C h \ L C O t\ f HtC.J s a , C < U . S . D I S T R I C T C O U R T M I A M I . F L O R f p A M i m 3 *\ J__________ . 12_______________________________________ 15 7 6I ! I some of our case, and the Court has not-- TIIE COURT: I granted that motion. I said I would grant it, permit the amendment, but i resolve it after the case has been tried and after Ijj I have had a chance to study my notes and that sort { of thing. It won't be a prejudicial ruling like that, I j j will it? MR. ROBINSON: No, sir, except now they put in issue the statute of limitations, and I!!!! was thinking that it might be appropriate for us to I! give you a brief on that issue. | * THE COURT: Yes, of course, do that. You may deal with that along with your other submissions, meaning that we will--let's see | what the problem is. Let's put it into focus. Originally, the plaintiffs filed a complaint in this cause seeking redress under Title 7 of the 1964 Civil Rights Act, and upon a motion to I dismiss; the complaint was dismissed on the basis that--of a tardy filing or untimely filing of thi I suit. Is that correct, gentlemen, so far? Then the plaintiff repled l.Va - an I amended complaint, and this tine - c u apparently, sought redress aaa: 1■i Title 7 of the Civil nirr'nts Ac • jj j_____ H [ || J A C K H . G R E E N E | il U . S . D I S T R I C T C O U R T M IA M I F L O R I D A w a r I | suggested in the Court1s order, upon 1981 of Title apparently the defense moved to strike so much of the amended complaint as it sought to reassert or as II jj a basis for redress under Title 7 of the 1964 Act. Frankly, the Court was unaware when I cane in to try this case that that motion had been jj made and was pending. My first review of the file fails to . reveal any such motion. I assume that that motion I was made and is included in one of these transcripts I .ji a bearing conducted in this case or, perhaps, one j ljj of the pretrials. In any event, my ruling was and is that if there is any--for the purpose of this discus sion, in a final resolution of this matter--I will assume that if there is such a motion, I will carry it with the case. Is that agreeable to both sides? MR. KELSO: Yes, sir. MR. SANDERLIN: Yes, sir. THE COURT: It puts me in sort of i ^n3rl xn finally analyzing and dealing vL _h r> various aspects of the case, but • % •>. cf time to do that, n o w that we ... . .. n m + 4- r** o - i ~T ..t- u w ̂ O u n • • t J A C K H . G R E E N E U . S . D I S T R I C T C O U R T M I A M I . F L O R I H A prompt hearing thereafter. It has been my pleasure to be here with you, gentlemen. Thank you for being present in the court. I just want to repeat what I said earlier and that is that I have been in the presence of very fine lawyers. (Thereupon the trial was concluded.) J A C K H. G R E E N E O F .-'iC . V _ ZTK U . S . D : S T R I C T C O U R T MIAMI F? rpin/i CERTIFICATE k STATE OF FLORIDA ) : SS. COUNTY OF DADE ) I, JACK H. GREENE, Official Court Reporter, do hereby certify that the foregoing transcript, consisting of pages numbered from 1 to'578, inclusive, contains a true and correct transcription of my shorthand notes as taken by me of the proceedings before The Honorable CHARLES B. FULTON, Chief Judge, United States District Court, at the time and place aforesaid. DATED at Miami, Florida, this -i y June, 1972. J A C K H . G R E E N E O F F I C I A L C O U P T B r o n R T r o M I A M I . F L O R I D A 33101