Everett v. US Sugar Corporation Transcript 2
Public Court Documents
June 6, 1972
Cite this item
-
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.
Copied!
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