Johnson v. The Goodyear Tire & Rubber Company Appendix Vol II

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Brief Collection, LDF Court Filings. Johnson v. The Goodyear Tire & Rubber Company Appendix Vol II, 1969. 2fe2f42e-b99a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/0dfa9886-1a4e-4ccf-bc20-454537a12f6f/johnson-v-the-goodyear-tire-rubber-company-appendix-vol-ii. Accessed July 01, 2025.

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    IN THE
UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

NO. 73-1712

R. L. JOHNSON, et al.,

Plaintiffs-Appellants, 

v.

THE GOODYEAR TIRE & RUBBER COMPANY, 
and INTERNATIONAL UNION OF 
OPERATING ENGINEERS, AFL-CIO, LOCAL 
UNION NO. 347,

Defendants-Appellees.

Appeal From The United States District Court For The 
Southern District of Texas, Houston Division

APPELLANTS' APPENDIX 

Volume II, Pages 338a - 675a

GABRIELLE K. MCDONALD 
M A R K  T. MCDONALD

1834 Southmore Blvd. 
Suite 203
Houston, Texas 77004

JACK GREENBERG 
WILLIAM L. ROBINSON 
Co VERNON MASON 
MORRIS Jo BALLER

10 Columbus Circle 
Suite 2030
New York, N.Y» 10019

ATTORNEYS FOR PLAINTIFFS- 
APPELLANTS



INDEX

Docket Entries .............................................. la

Complaint, filed September 17, 1969 ...................  7a

Answer of Defendant Goodyear Tire & Rubber
Company filed October 14, 1969 .........................  10a

Motion To Substitute Counsel, filed June 3, 1971 ... 14a

Plaintiffs' Motion For A Continuance, filed in
Duplicate July 8, 1971 ...................................  16a

Plaintiffs' Motion To Join Party Defendant, filed 
in Duplicate, July 8, 1971 ..............................  18a

Motion of International Union, etc. in CA-71-H-1027
For Consolidation, filed October 14, 1971 ...........  23a

Order granting Plaintiffs' Motion To Join As A
Party Defendant, Local 347, International Union
Of Operating Engineers, AFL-CIO, October 19, 1971... 26a

Plaintiffs' First Amended Complaint, filed
October, 1971 ...............................................  27a

Order Granting Defendants Motion To Consolidate
signed and filed October 27, 1971 ...................... 34a

Answer of defendant International Union, filed
November 10, 1971 ..........................................  3 5a

Order Granting Plaintiffs' Application For a
Preliminary Injunction, filed November 19, 1971 .... 39a

Defendant Goodyear Tire & Rubber Company's
Amended Answer filed December 13, 1971 ...............  41a

Memorandum Opinion filed August 10, 1972 ............. 43a

Judgment entered November 20, 1 9 7 2 .....................  70a

Notice of Appeal b y  Plaintiffs filed (Consolidated 
CA 71-H-1027) , December 18, 1972 .......................  75a

Notice of Appeal by Defendant Goodyear Tire & Rubber
Co., filed December 29, 1972 ............................  77a

Notice of Appeal b y  Defendant International Union 
Of Operating Engineers, filed January 2, 1973 ......  79a l

l



Order granting an Extension of time for filing the
Record on Appeal, filed February 7, 1973 ....................  81a

Trial Transcript ................................................... 82a

Plaintiffs E x h i b i t s : (also A , 8,0,0)

Charge of Discrimination filed by R.L. Johnson with
Equal Employment Opportunity Commission dated 5-4-67 .....  717a

Decision of the Equal Employment Opportunity
Commission dated 10-23-68 .......................................  718a

Notice of Right to Sue within 30 days received from 
Equal Employment Opportunity Commission by R.L.
Johnson, dated 8-18-69 ...........................................  723a

EEO-1 Reports of the Defendant Goodyear Tire & Rubber
Co., Synthetic Rubber Plant, Houston, Texas dated
12-15-66; 3-24-67; 3-22-68; 5-16-69; 11-30-70 ................ 724a

Total New HireesOf the Defendant Goodyear Tire and 
Rubber Co., Synthetic Rubber Plant, Houston, Texas 
from 12-1-69 through 11-30-70 ..................................  734a

Wage Rates for the period covering 7-2-65 through
7-26-71 ..............................................................  738a

Guidelines on Testing and Educational Qualifications 
promulgated by the Equal Employment Opportunity
Commission 29 CFR 1605 ...........................................  749a

Statistical Data on Years of Education completed by race:
(a) Civil Rights in Texas, A Report of the 
Texas Advisory Committee to the U.S. Commission
on Civil Rights, February, 1970, p.4 .....................  757a

(b) The Social and Economic Status of Negroes 
In The United St a t e s , 1969 jointly prepared by 
the United States Department of Labor and
Department of Commerce, p.51 .............................  760a

(c) Population Characteristics, 1969 prepared
b y  the United States Department of Commerce ..........  762a

Labor Contracts between the defendants - joint exhibit 
- See Defendant C o m p a n y s 1 Exhibits at 824a & 896a



Chart for Black Employees, Showing Name, Continuous 
Service, Divisional Seniority, Initial Job Classi
fication, Present Job Classification, Present Job
Rate, Tests and Scores and Educational Years ...............  768a

Chart for White Employees, Showing Name, Continuous 
Service, Divisional Seniority, Initial Job Classi
fication, Present Job Rate, Tests and Scores and
Educational Years .................................................. 777a

Summary Sheet for Black Employees hired pre-1957 ........... 801a

Summary Sheet for White Employees hired pre-1957 ........... 802a

Summary Sheet for Black Employees hired since 1957 ........  803a

Summary Sheet for Wh it e Employees hired since 1957 ........  804a

Summary Sheet for Total Employment of Blacks ................ 805a

Summary Sheet for Total Employment of Whites ................ 806a

Test Scores of Employees hired after 1956 ...................  807a

Black Employees placed in departments other than
Labor from 1962 through 12-10-71 ..............................  817a

Blacks hired into Labor initially from 1957 through
1971 ..................................................................  819a

C. Lyon's Refusal .................................................. 820a

Whites placed into departments other than Labor
from 1962 through 12-10-71 ................................... 821a

Whites hired into Labor from 1957 through 1971 ............. 822a

Employees hired after 1956 ................................... 823a
Defendant Company's Exhibits :

Labor Contract between the Goodyear Tire and Rubber
Company and IOUE Local No. 347, 1967 ...........................  824a

Labor Contract between the Goodyear Tire and Rubber
Company and IOUE Local No. 347, 1970 ...........................  896a

Production - Divisional Seniority and Classification
1967 ..................................................................  959a

Production - Divisional Seniority and Classification
1969    983a

Production - Divisional Seniority and Classification
1971 ..................................   1008a



Affected Class - Minority Employees Now Employed
Wh o W e r e  Hired Prior to September 7, 1965 ...................  1035a

Corrected Minority List (Negroes o n l y ) , 1971 ...............  1049a

Transfers to Production, 1968 ..................................  1056a

Results of 1969 Survey of Labor Department Employees
Hired Before 1957 .................................................  1070a

Minority Employment by Operating Engineer Seniority
Groups As of December 11, 1971 .................................  1093a

Employees as of July 1, 1971, who Entered Operating
Engineer Seniority Groups from July 14, 1962 Through
April 27, 1971 by Transfer or Hiring .........................  1094a

Current Employees Who Entered Operating Engineer 
Seniority Groups from January 1, 1962 Through
December 12, 1971 By Transfer or Hiring ...................... 1095a

Transfer Card .....................   1096a

The Wingfoot - Goodyear's Publication for March-April
1962 ..................................................................  1097a

Transfer to Production, L. Brown ..............................  1098a

Employees Rate Cards (Black Employees) .......................  1103a

Employees Rate Cards (White Employees) .......................  1161a

Flow Chart of the Plioflex Cold Rubber Process ............. 1290a

11.6.70 Letter from F.L. Vanosdall to Paul Teague ......... 1291a

9.7.71 Letter From F.L. Vanosdall to Paul Teague ..........  1293a

Affected Class (List of Employees now Employed Who
Were Hired Prior to September 7, 1965) ....................... 1294a

11.8.71 Letter from F.L. Vanosdall to Members of
the Affected Class ................................................  1295a

10.29.71 Notice Posted in the Production Department ......  1296a

11.8.71 Notice Posted in the Production Department ........ 1297a

Defendant Union's E x h i b i t s :

10.22.70 Letter from Paul Teague to F.L. Vanosdall ........ 1298a

1970 Union Contract Proposals ............... ..................  1300a

xv



1967 Union Contract Proposals ................

1964 Union Contract Proposals ......................

Report of the Hearing of the 6.17.70 Arbitration 
Board Regarding the Discharge of J.J. Long .............

Arbitrator Howard W. Wissner's Decision in 1967

7.24.70 Labor Agreement Between Defendants Goodyear 
and Local 347 (Same as Defendant Co's Exhibit at 896a)

7.13.71 Letter from B.A. Rossiki to Guy W. McCarty

10.29.71 Letter from V.R. Burch, Jr., to William
N. Wheat .....................................

11.9.71 Letter from V.R. Burch, Jr. to William N.
Wheat ..............

1308a

i316a

1321a

1336a

1344a

1346a

1347a



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PLAINTIFF, WHICH ARE THE CHARTS OF BLACK AND WHITE 

EMPLOYEES, AND THEN A BREAKDOWN. WE HAVE DISCOVERED 

LAST NIGHT THAT SOME OF THE PERSONS WHO ARE LISTED ON 

THE CHART FOR BLACK EMPLOYEES ARE WHITE. THOSE ARE TWO 

INDIVIDUALS. WE HAVE ALSO D I S C O V E R E D  THAT SOME OF THE 

PERSONS WHO ARE LISTED ON OUR CHART AS BEING WHITE ARE 

BLACK -- THE PRO B L E M  WAS THAT WE WERE GIVEN SHEETS OF 

PAPER WITH THE NAME ON IT S HOWING WHEN THEY WERE E M 

PLOYED AND OTHER DATA, BUT NOT THEIR RACE. THE SHEETS 

WERE SUPPOSED TO BE, AND I IMAGINE THEY WERE SEPARATED 

Bf RACE, BUT SOMEHOW SOME OF THESE LITTLE CARDS GOT IN 

THE WRONG PLACE.

THE COURT: HOW WOULD YOU SUGGEST

WE BEST A C C O M P L I S H  IT, OR IS W HAT I AM S U G G E S T I N G  P E R 

HAPS A SOLUTION?

MRS. MC DONALD: WE WORKED LAST

NIGHT ON IT BUT WE COULDN'T COMPLETE IT AS TO CORRECT 

THOSE EXHIBITS, AND THESE ARE THE EXHIBITS THAT I 

WOULD LIKE TO ASK LEAVE OF THE COURT TO CORRECT: P L A I N 

T I F F ’S EXHIBIT 10, 11, 12, 13, lk, 15, 16 AND 17.

NOW, ALL OF THOSE EXHIBITS ARE 

BASED ON WHETHER OR NOT A P E R S O N  WAS WHITE OR BLACK AND 

IT WAS SOMETIMES D I F FICULT TO TELL, BUT NOW SINCE WE 

HAVE RECEIVED FROM THE COMPANY AN EXHIBIT THAT THEY

PLAN TO INTRODUCE IT LISTS THE MIN O R I T Y  EMPLOYEES SO

EVELYN OVERBECK
O FF IC IA L  COURT HE POUTER

338/9



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WE USED THAT LAST NIGHT A G A I N S T  WHAT WE H A D , AND WE 

WOULD LIKE TO MAKE THOSE CORREC T I O N S  ON THESE EXHIBITS, 

LEAVE THEM THE WAY THEY ARE BUT THE FIGURES ARE GOING 

TO BE DIFFERENT.

THE COURT: ALL RIGHT. HOW FAST

CAN THIS BE A C C O M P L I S H E D  OR WILL YOU WANT TO DO IT A F T E 1 

THE C O N C LUSION OF THE EVIDENCE?

MRS. MC DONALD: WE CAN TRY TO DO I"

TONIGHT, YOUR HONOR, BUT IF IT WOULD NOT UNDULY BURDEN 

THE COURT I WOULD A P P R E C I A T E  A D D I T I O N A L  TIME.

THE COURT: WELL, I THINK IT CAN BES

BE A C C O M PLISHED, UNLESS IT IS GOING TO BLUR AND C O N 

FUSE THE EVIDENCE HERE, IF ALL COUNSEL CAN AGREE AND 

BE IN ACCORD AS TO HOW THESE SHOULD BE C O R RECTED AND 

HAVE SOME CO R R E C T E D  EXHIBITS SUB M I T T E D  AFTER THE E V I 

DENCE .

IT MAY BE A BETTER S O LUTION FOR 

YOU -- YOU HAVE YOUR HANDS FULL WITH YOUR LIVE WITNESSES 

AND THE COURSE OF THE TRIAL, AND THE MAIN THING IS THAT 

I DON'T OV E R L O O K  SOME ASPE C T  OF THE CASE OR SOME EXHIBIT 

WHICH IS C O N T R O L L I N G  IN AN AREA OF THE LAW IN WHICH I 

DON'T PROFESS ANY EXPERTISE. I W ANT TO CALL UPON YOU 

FOR FULL ASSISTANCE, AND IF THERE IS A BETTER SOLUTION 

I WOULD LIKE TO HEAR IT.

MRS. MC DONALD: WE CAN PREPARE

EVELYN OVERBECK
O F F IC IA L  C O UR T R E P O R T E R

• 33!)/?



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THE EXHIBITS, PREPARE THE C O R R E C T I O N S  ON THESE EXHIBITS 

AND THEN GIVE THEM TO COUNSEL FOR THE COMPANY AND FOR 

THE UNION TO HAVE THEM CHECK IT WITH THEIR RECORDS AND 

THEN SUPPLY THEM.

THE COURT: I SIMPLY DON'T WANT

ANY OBJECTIONS ARISING FROM ONE OF THE PARTIES AT THE 

TIME THAT THE C O R R ECTION IS SUBMITTED.

MRS. MC DONALD: I THINK MR.

BURCH, WITH RESPECT TO THESE EXHIBITS ONLY OBJECTED 

ON THE GROUNDS THAT THE FIGURES MAY NOT BE AS I R E P R E 

SENT THEM, AND IT TURNS OUT THAT THAT IS CERTAINLY A 

VALID OB J E C T I O N  BECAUSE THE FIGURES ARE NOT AS I R E P 

RESENT THEM BECAUSE I HAVE A COUPLE OF BLACKS AND 

WHITES IN THE W R ONG PLACE.

MR. BURCH: YOUR HONOR, I DON'T

HAVE ANY SUCH OB J E C T I O N  OR FEELING. I THINK THE ANALYS 

THAT MRS. MC DONALD HAS PREPARED, THE BREAKDOWNS, THE 

PERCENTAGES AND SO FORTH, ARE A MATTER OF AR I T H M E T I C  

AND ANALYSIS AND NOT TESTIMONY, AND CERTAINLY WE WOULD 

LIKE FOR HER EXHIBITS AND OURS TO BE CORRECT. I HAVE 

SOME MISGIVINGS ABOUT THE DATA WE A C C U M U L A T E D  HERE 

VERY QUICKLY. MAY I CONFER WITH MR. MART I N  JUST A 

MOMENT?

THE COURT: ALL RIGHT.

MR. BURCH: YOUR HONOR, I BELIEVE

EVELYN OVERHECK
O F F IC IA L  C O UR T R E P O R T E R

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THAT IT WOULD BE HELPFUL, NOT ONLY TO THE COURT BUT 

TO THE PARTIES, IF WE WERE PE R M I T T E D  A R E A S O N A B L Y  

BRIEF TIME TO FILE POST HEA R I N G  BRIEFS, AND I WOULD 

SUGGEST THAT IN CO N N E C T I O N  WITH THOSE BRIEFS ANY 

PARTY BE PERMITTED TO MAKE ANY CORRECTIONS OF THE 

KIND MRS. MC DONALD SUGGESTS AS LONG AS IT IS A MATTER 

OF AR I T H M E T I C  AND CALCUL A T I O N S  AND NOT INVOLVING 

CREDIBILITY OF WITNESSES, AND ADV I S E  EACH OTHER SAY A 

WEEK BEFORE OUR BRIEFS ARE FILED.

IN ADDITION, I WOULD SUGGEST THAT 

WE MAKE PART OF THE RECORD SOME OF THESE BASIC PE R S O N N E L  

CARDS THAT WE HAVE SUP P L I E D  MRS. MC DONALD BECAUSE I 

THINK THEY IDENTIFY THE R E L E V A N T  FACTS ABOUT ALL THESE 

EMPLOYEES AS TO ASSIGNMENTS, RACE, AND WHAT HAVE YOU.

I THINK ANY OF US SHOULD BE IN PO S I T I O N  TO REFER TO THEM 

IF NECESSARY.

THE COURT: IS THAT AGREEABLE?

MRS. MC DONALD: I AM SOMEWHAT

CONFUSED. IF IN EVIDENCE IS GOING TO BE AN EXHIBIT 

THAT IS INCORRECT WILL THE COURT PERMIT ME TO CORRECT 

THAT EXHIBIT BY WAY OF A BRIEF?

THE COURT: NO, I WOULD ASK THAT

YOU SUBMIT COR R E C T E D  EXHIBITS AND A C C O M P A N I E D  WITH 

YOUR LEGAL M E M O R A N D U M  IN WHICH YOU RELATE THE FACTS 

AND THE EVIDENCE TO THE LAW AS YOU SEE IT. I WANT TO

EVELYN OVERBECK
O F F IC IA L  COUTIT R E P O R T E R

i / ?



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PUT THE BURDEN ON ALL OF YOU JUST AS HEA V I L Y  AS I 

CAN BECAUSE I THINK IT IS MOST IMPORTANT THAT THE 

RECORD IN THIS CASE BE C O MPLETE AND FAIR TO ALL OF YOU 

IN THE EVENT THAT THERE IS AN APPEAL, AND THERE IS 

NOTHING MORE C O N FUSING TO AN A P P E L L A T E  COURT THAN AN 

INABILITY TO MATCH UP THE RECORD WITH THE CONTENTIONS, 

SO NOW IS THE TIME TO DO IT RIGHT AND SO FAR AS I CAN 

TELL THE C ORRECTIONS OF SOME OF YOUR EXHIBITS WILL NOT 

IMPEDE OR INHIBIT THE PROCESS OF THE LIVE TESTIMONY.

IF THAT IS SO, THEN WE W ILL WORK OUT A M U TUALLY C O N 

VENIENT SCHEDULE FOLLOWING T E R M I N A T I O N  OF THE HEARING 

FOR THE S U B M I S S I O N  OF THE C O R R E C T E D  EXHIBITS.

IS THAT A G R E E A B L E  TO ALL PARTIES?

MR . W H E A T : YES , SIR.

MR . B U R C H : THAT IS AG R E E A B L E  TO

US .

MRS. MC DONALD: YES, YOUR HONOR.

NOW, THERE IS ONE OTHER M A T T E R  -- AGAIN, THIS RELATES 

TO THE EXHIBITS -- THE DE F E N D A N T  COMPANY HAS CONTENDED 

BY WAY OF AN EXHIBIT AND IN THEIR BRIEF THAT CERTAIN 

PERCENTAGE OF PERSONS HAVE BEEN EMPLOYED, BLACKS, FROM 

1962 TO THE PRESENT INTO CERTAIN CATEGORIES. WHAT WE 

WERE TRYING TO DO LAST NIGHT WAS TO BREAK IT DOWN BY 

YEAR, ’62, '63, ALL THEVAY UP TO *71, THAT WOULD SHOW

WHO WAS HIRED WHEN AND THEIR RACE, AND WE STOPPED

EVELYN OVERHECK
O F F IC IA L  C O U f ^ ^ R p R ^ E R



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DOING THAT WHEN WE D I S C O V E R E D  THAT THE BASIC D O C U 

MENTS WE WERE USING WERE WRONG.

NOW, THAT MIGHT BE A REBUTTAL 

EXHIBIT OR IT MAY NOT BE A REB U T T A L  EXHIBIT, BUT I 

W O ULD ALSO LIKE TO ASK LEAVE OF THE COURT TO INTRODUCE 

AN EXHIBIT THAT W O ULD BREAK DOWN BY YEARS WHAT HAS H A P 

PENED .

THE COURT: THAT W O U L D  BE FACTUAL.

MRS. MC DONALD: IT IS A MATTER OF

DEALING WITH THE EXHIBITS THAT WE HAVE IN EVIDENCE NOW.

THE COURT: ANY OBJECT I O N S ?

MR. BURCH: YOUR HONOR, I HAVE NO

OBJECTION. I WOULD SUBMIT THAT S O M E T H I N G  THAT WILL 

IN EFFECT BE A NEW EXHIBIT RATHER THAN A CORRECTION 

SHOULD BE S U B M I T T E D  TO US BEFORE THE TRIAL IS OVER SO 

THAT WE WILL HAVE AN O P P O R T U N I T Y  TO --

THE COURT: I THINK T H A T ’S RIGHT.

MRS. MC DONALD: WELL, THE PROBLEM

IS THAT I CAN'T PREPARE IT UNTIL THE OTHERS ARE C O R 

RECTED. YOU SEE, I DON'T KNOW AT THIS POINT UNTIL WE

CORRECT WHAT HAS BEEN GIVEN TO US HOW MANY PERSONS HAVE

BEEN EMPLOYED BY YEAR. NOW, I CAN DO IT BY WAY OF 

ARG U M E N T  BECAUSE IT IS JUST A MATTER OF COMPUTATIONS.

I DON'T NEED TO PUT IT INTO EVIDENCE. I THINK I CAN 

DO MY FIGURES --

“  EVELYN OVERBECK
0F F IC IA 1 ,  COURT R E P O R T E R

34,'!/?



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THE COURT: THEN DO IT IN A R G U M E N T

AND INCLUDE IT IN YOUR POST TRIAL MEMORANDUM.

MRS. MC DONALD: THAT IS FINE.

THE COURT: IS THAT AGREEABLE?

MRS. MC DONALD; THAT IS FINE,

YOUR HONOR.

THE COURT: ARE WE READY TO PROCEED?

MRS. MC DONALD: YES, YOUR HONOR.

PLAINTIFF RESTS.

THE COURT: VERY WELL. MR. BURCH,

ARE YOU IN A P OSITION TO GO FORWARD?

MR. BURCH: YOUR HONOR, IF THE

COURT WOULD PERMIT IT I WOULD LIKE TO OFFER OUR EXHIBITS 

IN EVIDENCE NOW AND THEN ASK THE COURT TO GRANT US AN

EARLY RECESS SO THAT WE WILL HAVE A BRIEF TIME TO C O N 

FER BEFORE WE GO FORWARD.

THE COURT: I WILL DO THAT.

MR. BURCH: AT THIS TIME, YOUR

HONOR, IN RE F E R R I N G  TO THE NUMBERS USED EARLIER IN THE 

PRE-TRIAL ORDER, I WOULD LIKE TO MAKE A COUPLE OF C O R 

RECTIONS .

FIRST OF ALL, THE PROPOSED EXHIBIT 

NO. 1 IS NOT BEING O FFERED IN EVIDENCE.

THE COURT: THAT CAN BE STRUCK.

MR. BURCH: YES, SIR; DELETED..

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

• 3 4 4 / ?

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THE COURT: DELETED.

MR. BURCH: PROPOSED EXHIBIT NO. 9

FOR CO N V E N I E N C E  WE HAVE A T T A C H E D  TO AND MADE A PART OF 

PROPOSED EXHIBIT 11, SINCE THE 11 IS SIMPLY A SUMMARY 

OF WHAT 9 CONTAINS.

THE COURT: ALL RIGHT.

MR. BURCH: WE HAVE S UBSTITUTED

AN EXHIBIT FOR PROPOSED EXHIBIT 13, AND THE NEW PROPOSE} 

EXHIBIT 13 HAS BEEN GIVEN TO ALL PARTIES AND IT SHOULD 

BE ENTITLED " C URRENT EMPLOYEES WHO ENTERED O P E RATING 

ENGINEERS' SENIORITY GROUPS FROM JULY 19, 1962 THROUGH

APRIL 27, 1971, BY T RANSFER OR HIRING."

THE COURT: NOW, YOU WILL HAVE TO

DO THAT AGAIN, MR. BURCH. THE CORRECT EMPLOYEES WHO 

ENTERED --

MR. BURCH: OP E R A T I N G  ENGINEERS'

SENIORITY GROUPS FROM JULY 19, 1962 THROUGH APRIL 27,

1971 BY TRA N S F E R  OR HIRING.

THE COURT: ALL RIGHT.

MR. BURCH: WITH THOSE CORRECTIONS

AND THE NU M B E R I N G  OF THE EXHIBITS AT THIS TIME WE 

WOULD OFFER IN EVIDENCE COMPANY EXHIBITS 2, 3, 9, 5, 6,

7, 8, 10, 11, 12, 13, 19, 15 AND 16.

THE COURT: ALL RIGHT. IS THERE

ANY OBJECTIONS?

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

t ‘M b / ?



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MR. WHEAT: YOUR HONOR, THE D E 

FENDANT UNION HAS NO O B J E C T I O N  TO ANY OF THE COMPANY 

EXHIBITS. IT MIGHT NOT HAVE BEEN CLEAR WHETHER OR NOT 

C O M P A N Y ’S EXHIBIT 17 WAS RECEIVED OR NOT.

MR. BURCH: THAT WAS OFFERED EARLIEF.

AND AS I U N D E R S T A N D  WAS ADMITTED. THAT WAS MR. L.

BROWN'S TESTIMONY.

THE COURT: YES, I BELIEVE THAT IS

SO. ALL RIGHT. MRS. MC DONALD.

MRS. MC DONALD: YES, YOUR HONOR.

PLAINTIFF HAS AN O B J E C T I O N  TO D E F ENDANT C O M P A N Y ’S 

EXHIBIT 16 WHICH IS PLANS FOR PROGRESS ANNOUNCEMENT.

WHAT IT IS SEEMINGLY IS AN EXCERPT FROM SOME NEWSPAPER 

CONCERNING WHAT G O ODYEAR IS DOING AND IS GOING TO DO 

IN REGARD TO THE RE C R U I T M E N T  AND HIRING OF MINORITY 

EMPLOYEES. NOW, WE OBJECT TO THAT ON THE GROUNDS, FIRS' 

OF ALL, IT IS S E L F - S E R V I N G  AND WE DO NOT WANT TO BE 

BOUND BY WHAT THEY SAID THEY HAVE BEEN DOING. WE TAKE 

ISSUE WITH THAT. WE THINK THAT IS A QU E S T I O N  OF FACT 

FOR THE COURT TO DECIDE.

•WITH THAT EXCEPTION, WE D O N ’T 

HAVE ANY OBJECT I O N S  TO ANY OF THE OTHER EXHIBITS.

THE COURT: ALL RIGHT. I THINK THE

COURT CAN GIVE IT AP P R O P R I A T E  WEIGHT.

WE WILL ADMIT DE F E N D A N T  COMPANY'S 

EVELYN OVEli HECK
O F F IC IA L  COURT R E P O R T E R

340/?



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EXHIBITS 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15

AND 16.

ALL RIGHT. MR. BURCH.

MR. BURCH: YOUR HONOR, THAT IS

ALL I HAD AS A P R E L I M I N A R Y  MATTER. IF WE COULD HAVE A 

RECESS FOR A R E A S ONABLE PERIOD FOR LUNCH AND BRIEF 

CONFERENCE WE W O U L D  A P P R E C I A T E  IT.

THE COURT: ALL RIGHT. NOW, LET

ME GET AN A S S E S S M E N T  FROM YOU. HOW LONG DO YOU FEEL 

IT WILL TAKE TO PUT ON YOUR CASE?

MR. BURCH: YOUR HONOR, AT THIS

POINT I BELIEVE THAT WE CAN PUT ON THE DIRECT TESTIMONY 

IN OUR CASE IN ABOUT AN HOUR, OR DE F I N I T E L Y  LESS THAN 

TWO HOURS.

THE COURT: I SEE. ALL RIGHT.

VERY WELL. WE WILL RECESS AT THIS 

TIME FOR LUNCH AND IN ORDER TO INSURE THAT WE D O N ’T 

GET TOO LAZY, WE WILL COMMENCE THE TESTIMONY AT 1:30.

(NOON RECESS.)

EVELYN OVERHECK
O F F IC IA L  COURT



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D E CEMBER 16, 1971 

1:30 P.M. SESSION

2 6 7

THE COURT: ALL RIGHT. MR. BURCH.

MR. BURCH: CALL MR. FRED ALBRECHT.

F R E DERICK ALBRECHT,

WITNESS CALLED BY AND IN BEHALF OF THE D E F E N D A N T  C O M 

PANY, HAVING BEEN FIRST DULY SWORN, WAS E XAMINED AND 

TESTIFIED AS FOLLOWS:

DIRECT E X A M I N A T I O N

BY MR. BURCH:

Q MR. ALBRECHT, WOULD YOU STATE YOUR NAME AND BY 

WHOM YOU ARE EMPLOYED.

A FREDERICK ALBRECHT; EMP L O Y E D  BY GOODYEAR TIRE AND

RUBBER COMPANY, HOUSTON.

Q ARE YOU EMP L O Y E D  AT THE HOU S T O N  C HEMICAL PLANT?

A YES.

Q IN WHAT CAPACITY, MR. ALBRECHT?

A LABORATORY MANAGER.

Q HOW LONG HAVE YOU BEEN WITH GOODYEAR?

A I HAVE CONTINUOUS SERVICE LITTLE OVER TW E N T Y - O N E

Y E A R S .

Q WHEN WERE YOU FIRST E M PLOYED BY THE COMPANY?

EVELYN OVERBECK
O F F IC IA L  CO UR T R E P O R T E R

.'•'IS/?



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A 1944.

Q WHERE WAS THAT?

A IN AKRON, OHIO.

Q WHAT IS YOUR P R O F E S S I O N A L  T R AINING AND EDUCATION,

MR. ALBRECHT?

A I HAVE A BACHELOR OF SCIENCE IN CHEMISTRY DEGREE 

FROM BETHANY COLLEGE, WEST VIRGINIA, AND I HAVE 

AT T E N D E D  G R A D U A T E  SCHOOL AT THE U N I V ERSITY OF 

HOUSTON, UNIVER S I T Y  OF PITTSBURGH, AND I HAD A 

F E L L O W S H I P  AT PURDUE UNIVERSITY.

Q WHAT KIND OF LAB FACILITIES ARE UNDER YOUR S U P E R 

VISION AT THE HOU S T O N  PLANT?

A WE HAVE A P H YSICAL TEST LABORATORY. WE HAVE A 

PROCESS CON T R O L  CHEMIST LABORATORY, CHEMICAL 

LABORATORY, AND AN INSTRUMENT LABORA T O R Y  THAT ARE 

UNDER MY JURISDICTION.

Q WHAT C L A S S I F I C A T I O N S  OF EMPLOYEES WORK IN THE 

PHYSICAL TESTING LABORATORY?

A WE HAVE TECHNICIANS, SECOND AND FIRST CLASS.

Q DO YOU HAVE A LABORATORY T E C H N I C I A N  GRO U P  LEADER?

A NO.

Q YOU DO NOT USE THAT C L A S S I F I C A T IO N ?

A WE DON'T USE THAT CLASSIFICATION.

Q IN THE LABOR C ONTRACT ARE THE EMPLOYEES IN THAT

LAB REF E R R E D  TO AS LABORATORY T ECHNICIANS GEN E R A L L Y  ?

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

; ' 34!) (\



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2 6 9

A YES, OR JUST TECHNICIANS.

Q ALL RIGHT, SIR. MR. PERCY VITAL WORKS IN THE 

PHYSICAL TEST L A B O RATORY ?

A YES, HE DOES.

Q IN THE CHEMICAL OR PROCESS CONTROL LAB WHAT C L A S S I 

FICATIONS DO YOU HAVE OF EMPLOYEES?

A WE HAVE JUST PROCESS CONTROL CHEMISTS, ONE C L A S S I 

FICATION.

Q ALL RIGHT. AND IN THE INSTRUMENT LAB DO YOU HAVE 

INSTRUMENT LAB CHEMISTS?

A YES .

Q IF I COULD START FIRST WITH A RATHER GENERAL

QUESTION, W HAT IS THE OV E R - A L L  PURPOSE FOR HAVING 

YOUR LABORATORY FUNCTION AT THE PLANT? WHAT DO 

YOU DO G E N E RALLY?

A WE TEST THE INCOMING RAW MATERIALS, IN PROCESS

CHEMICALS, FOLLOW THEIR R E ACTION THROUGH FROM IN

CEPTION TO CO M P L E T I O N  AND REPORT ON THE QUALITY 

OF THE PRODUCT.

Q IS IT CORRECT THAT AT THE HOU S T O N  PLANT THERE 

ARE AT LEAST TWO C H EMICAL PLANTS, IF I MAY D E 

SCRIBE THEM THAT WAY, IN W H ICH YOU HAVE CHEMICAL 

REACTIONS AND YOU PRODUCE CERTAIN MATERIALS THAT 

ARE EITHER RAW M A T ERIALS OR FINISHED PRODUCTS?

A THAT'S CORRECT.

— — — — —  — — — — — —

O F F i r i A L  COURT R E P O R T E R

• 3o(J/?



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Q DO YOU HAVE A PLANT THAT IS CAL L E D  THE WING 

STAY PLANT?

A YES, SIR.

Q WHAT IS THE PRODUCT OF THAT PLANT?

A IT IS A PRODUCT KNOWN AS USETAX. IT IS AN A N T I 

OXIDANT.

Q ALL RIGHT. DO THE LABS UNDER YOUR J U R I S D I C T I O N  

TEST AND ANALYZE SOME OF THE MATERIALS AS THEY 

FLOW THROUGH OR ARE REACTED IN THE WING STAY 

PLANT?

A YES, SIR.

Q IS THAT A MEANS OF JUD G I N G  WHE T H E R  OR NOT THE

CHEMICAL PROCESS IS GOING PROPERLY?

A T H A T ’S CORRECT.

Q DO THEY ALSO MEASURE THE QUALITY OF THE F I NISHED

PRODUCT?

A YES, SIR.

Q WHAT IS THE OTHER G E N E R A L  KIND OF C H EMICAL PLANT 

OR CHE M I C A L  PROCESS THAT YOU HAVE HERE?

A IT IS M A N U F A C T U R E  OF S Y N THETIC RUBBER.

Q DO YOU HAVE CHEMICAL FACILITIES THAT PRODUCE A

FORM OF SY N T H E T I C  LATEX?

A YES .

Q DOES THAT THEN GO INTO WHAT IS CALLED THE F I N I S H 

ING AREA WHERE IT IS CO A G U L A T E D  AND MADE INTO

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

l  3 5  1 ft



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271

SY N T H E T I C  RUBBER?

A YES, SIR.

Q DO THE LABS UNDER YOU ANALYZE AND E VALUATE VARIOUS 

PARTS OF THE FLOW OF M A T E R I A L S  THROUGH THIS 

CHEMICAL PLANT?

A YES .

Q DOES THAT SERVE GEN E R A L L Y  THE SAME FUNCTION AS IN 

THE CASE OF THE WING STAY PLANT?

A IT DOES.

Q DO YOU HAVE PEOPLE WHO GO TO THESE CHEMICAL PLANTS 

AND COLLECT SAMPLES, FOR EXAMPLE?

A YES.

Q DO THEY BRING THEM BACK TO YOUR LAB?

A YES, SIR.

Q DO YOU A LSO HAVE PEOPLE WHO GO TO THE FINISHING

AREA AND COLLECT SAMPLES OF RUBBER?

A YES .

Q LET ME ASK YOU NOW ABOUT THE THREE D I F F E R E N T  LABS

AGAIN. GENERALLY, AND FAIRLY BRIEFLY, WHAT KIND 

OF EQU I P M E N T  DO YOU HAVE IN THE I N S T RUMENT LAB 

AND WHAT PART 0.F THIS FU N C T I O N  DOES IT FULFILL?

A WELL, THE INSTRUMENT LABORATORY IS BASICALLY D E 

SIGNED TO DO TESTING FOR THE WING STAY PLANT AND

THEY IN THIS LABORATORY -- WE HAVE CHROMAT IGRAPHIC 

EQUIPMENT, INFRA RED ANALYZERS, ULTRA SILENT

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

u ‘ o 5 ^ / )



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2 7 2

ANALYZERS, TITRATION, A U T O M A T I C  T I T RATION 

EQUIPMENT. WE HAVE D I S T I L L A T I O N  EQUIPMENT AND 

EX T R A C T I O N  EQUIPMENT.

5 W O ULD YOU EXPLAIN BRIEFLY WHAT THE C H R O M A T I G R A P H I C  

EQ U I P M E N T  IS AND HOW IT OPERATES?

A WELL, IT IS A MEANS OF S E P A R A T I N G  THE COMPONENTS 

OF A C H EMICAL MIXTURE BY THE FLOW THROUGH VARIOUS 

S U B S T R A T A  WHICH SEPARATES THE COMPONENTS AS THEY 

FLOW THROUGH BASED ON THEIR M O L E C U L A R  C O N F I G U R A 

TION.

Q G E N ERALLY WHAT KIND OF Q U A L I F I C A T I O N S  DO YOU C O N 

SIDER DES I R A B L E  FOR THE EMPLOYEES WHO WORK IN THE

INSTRUMENT LAB?

A WE CONSIDER IT DESIRABLE TO HAVE A MAN WITH A D E 

GREE IN CHEMISTRY, OR AT LEAST THE NECESSARY 

CHEMICAL COURSES TO QUALIFY HIM FOR A DEGREE.

WE FEEL THAT IT IS N E C ESSARY TO HAVE QU A L I T A T I V E  

AND Q U A N T I T A T I V E  ANALYSIS AND ORG A N I C  CHEMISTRY 

AND IT IS HIGHLY DESIRABLE TO HAVE A N A L YTICAL 

I N S T R U M E N T A TI O N  COURSES.

Q DO ALL OF THE MEN WHO WORK IN THE INSTRUMENT LAB 

POSSESS ALL OF THAT B A C K G R O U N D  OR NOT?

A NO, THEY DO NOT.

Q DO YOU HAVE EMPLOYEES IN THAT LABORA T O R Y  WHO HAVE

BEEN WITH YOU A S U B S T A N T I A L  PERIOD OF TIME?

EVELYN OVERBECK 
o f f i c i a l  c o u r t  r e p o r t e r

35.!/?



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2 7 3

A YES.

Q CAN YOU GIVE US AN EXAMPLE OF THE LENGTH OF S E R 

VICE OF SOME OF THESE PEOPLE?

A I BELIEVE THE OLDEST IN THIS GROUP, HIS SERVICE 

DATE IS A P P R O X I M A T E L Y  APRIL OF 1945. THE REST 

OF THEM DATE FROM 1957.

Q HAVE ANY OF THE MEN IN THE INSTRUMENT LAB T R A N S 

FERRED OR M O VED IN THERE FROM THE PROCESS C ONTROL 

LAB OR THE P H YSICAL TEST LAB?

A WELL, THEY HAVE ALL M O V E D  FROM THE PROCESS CONTROL 

LABORATORY BECAUSE THEY WERE S E P A R A T E D  FROM THE 

PROCESS CONTROL L A B O RATORY BY CONTRACT. AT ONE 

TIME THEY WERE PART OF THAT LABORATORY. ONE OF 

THEM CAME FROM THE TECHNI C I A N S  GROUP ORIGINALLY.

Q ALL RIGHT. NOW, ON THE PROCESS CONTROL LAB W O ULD 

YOU TELL US BRIEFLY THE KINDS OF TESTS AND 

ANALYSIS THAT ARE RUN THERE, THE KIND OF EQU I P M E N T  

THAT IS USED, AND JUST A BRIEF D E S C R I P T I O N  OF THE 

WORK IN THAT LAB?

A THIS IS WHAT WE REFER TO AS OUR CHEM LAB AND WE DO 

BASIC -- BASICALLY IT IS CHE M I C A L  A N ALYSIS RATHER 

THAN P H YSICAL TESTING. WE DO DIST I L L A T I O NS ,  E X 

TRACTIONS, TITRATIONS, R E F R A C T I V E  INDEX, ULTRA 

VIOLET TESTS, AND ALL THE, ALMOST ALL THE RAW

MA T E R I A L S  TESTS, CHE M I C A L  TESTS ON RAW MA T E R I A L S

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

• 354/?
..



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2 7 *»

A

Q

A

Q

A

THAT ARE DONE IN OUR P L A N T , DONE IN THIS 

L A B O R A T O R Y .

ARE THESE TESTS IMPORTANT OR NOT INSOFAR AS THE 

CONTROL OF YOUR PROCESS IS CONCERNED?

YES. THEY ARE IMPORTANT.

IF ERRORS ARE MADE IN THIS LABORA T O R Y  WHAT KIND 

OF EFFECT COULD IT HAVE ON YOUR PRODUCT OR YOUR 

PROCESSES?

WELL, WE CAN END UP WITH AN ENTIRELY DI F F E R E N T  

PRODUCT THAN WHAT WE SET OUT TO MAKE. WE CAN 

ALTER THE R EACTION BY THE CHEMICALS THAT ARE PUT 

INTO THE REACTION AND BY THE C O N C E N T R A T I O N  OF THE 

CHEMICALS SO THAT IF THE ANALYSIS IS NOT CORRECT 

WE CAN END UP WITH AN IMPROPER PRODUCT.

ARE THE EMPLOYEES IN THE PROCESS CON T R O L  LABORATOR' 

OR THE INSTRUMENT LAB IN CONTACT OP. C O M M U N I C A T I O N  

WITH PEOPLE IN THE P R O D U C T I O N  AREAS?

YES .

FOR WHAT REASON?

TO REPORT RESULTS AND IN THE MATTER OF PICKING UP 

THE SAMPLES. THEY ARE ADVISED ON -- THERE ARE 

CERTAIN SAMPLES THAT ARE ROUTINE THAT ARE PICKED 

UP AT A PARTIC U L A R  TIME. THERE ARE OTHERS THAT 

ARE PICKED UP AS THE SOLUTIONS ARE P REPARED AND 

THEY ARE A DVISED AS TO THIS BY THE PEOPLE IN THE 

‘ "  EVELYN OVEllBECK
O F F IC IA L  CQUMTmJ<FFOUTFjRCD CM TLM< E FOi



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P L A N T .

Q ARE CHANGES IN O P E R A T I N G  CONDITIONS OF THE PROCESS 

UNITS MADE FROM TIME TO TIME AS A RES U L T  OF R E 

PORTS FROM YOUR LABS?

A THEY ARE.

Q WHAT DO YOU CO N S I D E R  D E S IRABLE IN THE WAY OF 

Q U A L I F I C A T I O N S  FOR EMPLOYEES Y/HO WORK IN THE 

PROCESS CONTROL LAB?

A I CONSIDER B A S ICALLY A MAN MUST HAVE SOME C H EMICAL 

KNOWLEDGE. IT IS A MATT E R  OF SAFETY AS WELL AS

P E R F O R M A N C E  OF HIS JOB DUTY.

I W O U L D  PREFER TO HAVE A MAN WITH

AN A N A L Y T I C A L  AND Q U A L I T A T I V E  AND Q U A N T I T A T I V E  

ANALYSIS AS A MIN I M U M  SO THAT THIS MAN COULD BE OF 

GREATER SERVICE IN THE ACTU A L  O P E R A T I O N  OF THE 

PLANT.

Q DO THE EMPLOYEES IN THE PROCESS CONTROL LA3S WORK 

WITH CHE M I C A L  SYMBOLS AND FORMULAS?

A YES.

Q DO THEY WORK WITH T E C H N I C A L  MANUALS AND S P E C I F I C A 

TIONS?

A YES.

Q DO THEY WORK WITH OTHER FORMS OF W R I T T E N  JOB

STANDARDS AND INSTRUCTIONS?

A YES .

EVELYN OVEIIBECK
O FF ICIAL COURT R E P O R T E R

i. 3 5 6 / ?



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L_ti__

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Q TELL US BRIEFLY THE KIND OF E Q U I P M E N T  AND THE 

KIND OF TESTS MADE IN THE PHYSICAL TEST LAB 

WHERE THE TECHNICIANS WORK?

A THE P H YSICAL TEST LABORATORY IS A G R EAT NUMBER OF 

THE TESTS ARE SOLACE TESTING, THE DRYING AND 

W E I G H I N G  OF LATEX TO D E T ERMINE SOLACE OF THE LATEX, 

THEN THERE IS A C O A G U L A T I O N  PROCEDURE IN THE 

LABORATORY WHICH SIMULATES THE CO A G U L A T I O N  C O N D I 

TIONS AND THE DRYING IN THE PLANT. THERE IS A 

V I S COSITY TEST WHICH IS DONE ON THE MACHINE, AND 

THERE IS A M O I S T U R E  ANALYSIS THAT IS DONE ON A 

MILL.

THEN THERE IS W HAT WE CALL PHYSICAL

TESTS, W H ICH ARE COMPOUNDING, MIX I N G  OF RUBBER 

WITH VARIOUS PIGMENTS, CARBON BLACK, ZINC OXIDE, 

SULPHUR, ET CETERA, OTHER CHEMICALS USED IN THE 

CHEMICAL CO M P O U N D I N G  OF RUBBER, CURING AND TENSILE 

TESTING. THIS REQUIRES THE USE OF SOME PHYSICAL 

TEST EQUIPMENT.

Q 15 C H E MISTRY USED TO ANY S U B S T A N T I A L  DEGREE IN THE 

PHYSICAL LAB? .

A NO.

Q WOULD IT BE A CCURATE TO SAY THAT A S U B S T A N T I A L  PART 

OF LEARNING THE WORK IN THAT LAB IS LEARNING TO

USE THE EQ U I P M E N T  AND MACHINERY?

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

.. 357



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A USE THE EQUIPMENT, MACHINERY, THE USE OF THE 

SLIDE RULE AND C O O R D I N A T I O N  OF EFFORTS.

Q TELL US WHAT DEGREE OF P H YSICAL EFFORT IS RE Q U I R E D  

IN THE PHY S I C A L  LAB?

A WELL, THERE IS A C O N S I D E R A B L E  A M O U N T  OF P H YSICAL 

EFFORT REQ U I R E D  BECAUSE THE MEN MUST GO OUT INTO 

THE PLANT AND BRING BACK TO THE LABORATORY S IZABLE 

Q U A N TITIES OF RUBBER FOR TESTING, AND THEN IT IS 

PHYSICAL WORK IN USING THE MILLS AND OTHER PHYSICAL 

TEST EQU I P M E N T  IN THE LABORATORY.

Q WHAT KIND OF Q U A L I F I C A T I ON S ,  E D U C A T I O N A L  OR O T H E R 

WISE, DO YOU CONSIDER N E C ESSARY OR DESIRABLE IN 

THE PH Y S I C A L  TEST LA3?

A I FEEL THEY MUST HAVE A HIGH SCHOOL EDUCATION. IT 

IS VERY D E S IRABLE IF THEY HAVE A GOOD BASIC 

B A C K G R O U N D  IN M A THEMATICS. THE USE OF A SLIDE 

RULE, PRIOR KNOWLEDGE OF THE USE OF A SLIDE RULE 

IS DESIRABLE. AND ABOVE A V E R A G E  INTELLIGENCE IS 

REQUIRED.

Q WERE YOU AWARE THAT A R O U N D  APRIL OF THIS YEAR THE 

COMPANY D I S C O N T I N U E D  THE USE OF E M P L O Y M E N T  TESTS, 

W R I T T E N  EM P L O Y M E N T  TESTS?

A NOT AT THAT TIME.

Q ALL RIGHT. WERE YOU AWARE AT SOME LATER TIME

THAT THE USE OF TESTS HAD BEEN D I S C O N T I N U E D?

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

-- 358/}



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A YES.

Q WERE YOU AWARE THAT THE USE OF HIGH SCHOOL E D U C A 

TION FOR O N - T H E - J O B  Q U A L I F I C A T I ON S  HAD BEEN 

D I S C O N T I N U E D  AT ABOUT THE SAME TIME?

A NO, REALLY I WAS N ' T  AWARE OF THAT. I HAVE BEEN 

APPRISED OF THIS BY SOME PEOPLE, BUT I DIDN'T 

REALLY KNOW IT.

Q PRIOR TO THE TIME THAT YOU WERE TOLD THAT THE TESTS 

WERE NO LONGER USED HAD YOU RELIED TO ANY DEGREE 

ON TEST RESULTS IN THE S E L E C T I O N  OF EMPLOYEES 

FOR THE VARIOUS LABS?

A Y E S .

Q WHAT HAD YOU USED AS A G U I D E L I N E  OR A DESIRABLE

INDEX ON THESE TESTS?

A WELL, FOR THE LABORATORY WE USED A TEST THAT WE

REQUIRED, A SCORE OF 18, AND THIS TEST SERVED TO 

HELP US TO P R E D E T E R M I N E  THE A C C U R A C Y  AND THE 

SPEED W H ICH WE M I GHT EXPECT FROM THE INDIVIDUAL 

WHO WAS TAKING THE TEST.

Q AT ANY POINT IN TIME DID YOU LOWER THE SCORE OR 

NOT?

A YES, WE LOWERED THE SCORE FROM 18 TO 16 TO TRY

TO OPEN THE LABORA T O R Y  UP TO PEOPLE WHO COULDN'T 

QUITE QUALIFY FOR THE 13 SCORE.

Q DO YOU KNOW ABOUT WHEN THAT WAS DONE?

' EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

■ 353 A



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A I C A N ’T GIVE THE EXACT DATE, BUT I THINK IT WAS 

AROU N D  1960, APPROXIMATELY.

Q IN THE P H Y S I C A L  TEST LAB DO YOU HAVE PEOPLE WHO 

D O N ’T HAVE A HIGH SCHOOL EDUCATION?

A YES .

Q ARE THESE PEOPLE LONG SERVICE, SHORT SERVICE, OR

WHAT ARE THE FACTS?

A THERE ARE TWO OF MY THREE MONTHS' LONG SERVICE 

PEOPLE. ONE IS HIRED IN '93 AND ONE IN ’45.

Q THEY P E R F O R M  A D E Q U A T E L Y  ON THE JOB?

A VERY WELL.

Q ALL RIGHT. WHEN DID YOU FIRST BECOME A C Q U A I N T E D

WITH MR. PERCY VITAL?

A THE FIRST THAT I CAN RECALL MEE T I N G  PERCY WAS 

WHEN I WAS ASKED TO CONSIDER HIM FOR A JOB IN

THE LA B O R A T O R Y  AS TECHNICIAN.

Q WHO ASKED YOU TO DO THAT, AND W HAT WAS THE S U B 

STANCE OF THE C O N V E RSATION?

A MR. VAN OSD A L L  ASKED ME, AND AS W E L L  AS I CAN R E 

MEMBER THE SUBSTANCE WAS THAT PERCY HAD SOME 

REASON TO FEEL.THAT HE HAD NOT BEEN FAIRLY TREATED

IN A N O T H E R  A REA AND THAT HE WAS NOT LARGE ENOUGH 

TO GO INTO PRODUCTION, HE DID NOT HAVE SKILL TO 

WORK AS A CRAFTSMAN, AND THERE WAS NO OTHER JOB

IN THE PLANT FOR WHICH HE MIGHT QUALIFY. SO I WAS

~  '  EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

'■ 3G0fl



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2 8 0

ASKED IF I WOULD TALK TO HIM AND SEE IF IT W O U L D  

BE AT ALL POSSIBLE FOR ME TO USE HIM IN THE 

LABORATORY. I WAS TOLD THAT IT W O U L D  BE VERY WELL 

IF I COULD USE HIM AND GIVE HIM A FAIR TRIAL IN 

THE L A B O R A T O R Y , BUT IF I FELT THAT HE HAD NO 

REDEAMING ABILITIES TO QUALIFY HIM FOR THE L A B O R 

ATORY I DID NOT HAVE TO ACCEPT HIM AT THAT TIME.

Q ALL RIGHT. NOW, LET ME DIGRESS FOR A MOMENT, IF 

I MAY. I THINK THE RECO R D  ALREADY SHOWS THAT 

MR. VITAL CAME DOWN TO WORK IN THE LABORATORY 

AROU N D  A P RIL OF 1968.

A I BELIEVE T H A T ’S CORRECT.

Q PRIOR TO THAT TIME HAD ANY OTHER NEGRO EMPLOYEES 

T R A N S F E R R E D  IN OR BEEN HIRED INTO THE L ABORATORY?

A Y E S .

Q WOULD YOU TELL US WHO THEY WERE, PLEASE, IF YOU

CAN RECALL?

A THE FIRST ONE THAT H I RED INTO THE LABORATORY WAS A 

MAN NAMED MELVIN LEWIS, AND --

Q AT THE RISK OF LEADING AND IN THE INTEREST OF TIME, 

DID HE COME TO'THE LAB AROUND JULY 2 OF 196^?

A COULD I REFER TO A NOTE ON THAT?

Q YES. DO YOU HAVE A MOTE WITH THOSE DATES?

A I HAVE SOME DATES.

YES, JULY 2, 196** IS THE DATE THAT

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

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I SHOW HIM.

Q AT MY REQUEST HAVE YOU O B TAINED SOME OF THESE 

DATES IN FACT YOU HAVE NOTED HERE?

A YES.

Q IN P R E P A R A T I O N  FOR YOUR TESTIMONY?

A YES.

Q WHAT WAS HIS E D U C A T I O N A L  BACKGROUND, BRIEFLY?

A HE WAS A GRA D U A T E  OF P RAIRIE VIEW A.S M.

Q DO YOU KNOW IN WHAT COURSE?

A IT WAS IN THE M E C H A N I C A L  FIELD.

Q DO YOU KNOW WHE T H E R  HE HAD CHEMISTRY IN COLLEGE?

A YES, HE DID HAVE SOME.

Q WHAT HAS BEEN MR. LEWIS' WORK HIS T O R Y  AFTER GOING 

TO WORK IN THE LAB?

A HE LEARNED THE JOB WELL.

Q LET ME JUST ASK YOU TO RES T R I C T  IT TO POSITIONS 

HE HAS HAD. I DON'T MEAN THAT KIND OF DETAIL.

A HE CAME AS A TE C H N I C I A N  AND I HAD NEED FOR A

C HEMIST AND I T R A N S F E R R E D  HIM INTO THE PROCESS 

CONTROL CHEMIST GROUP, AND HE HAS BEEN IN THE 

PROCESS C O N T R O L  C HEMIST GROUP SINCE THIS TIME.

Q TELL ME W H E T H E R  OR NOT YOU T R A N S F E R R E D  HIM INTO 

THAT GROUP AHEAD OF WHITE EMPLOYEES WHO HAD BEEN 

WITH YOU LONGER?

A YES, I DID.

EVELYN OVERBECK
O F F IC IA L  C O UR T R E P O R T E R

■ 3(53 A



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Q HOW MANY SENIOR WHITES DID YOU BYPASS, IN FACT?

A AT THE TIME THAT I T R A N S F E R R E D  MEL V I N  THERE WERE 

THREE WHITE EMPLOYEES WHO I FELT WERE VERY CLOSE 

TO THE SAME Q U A L I F I C A T I O N S  AS M E L V I N  AND I GAVE 

THEM ALL A TEST IN C H E MISTRY AND MELVIN HAD THE 

BEST SCORE, AND I T R A N S F E R R E D  HIM AHEAD OF THE 

O T H E R S .

Q ALL RIGHT. DID A NEGRO E MPLOYEE NAMED H A MILTON 

WORK IN THE LAB?

A YES.

Q W HEN DID HE ENTER THE LAB?

A MAY 20, 1968, A C C O R D I N G  TO MY RECORDS.

Q HAD HE W O R K E D  WITH THE COMPANY IN ANO T H E R  D E P A R T 

MENT?

A YES .

Q WHERE?

A PR O D U C T I O N  DEPARTMENT.

Q DO YOU HAVE HIS HIRING DATE IN P RODUCTION?

A I BELIEVE I DO. NO, I DON'T HAVE HIS SERVICE DATE.

MR, BURCH: MAY THE RECORD

REF L E C T  THAT SEN I O R I T Y  LIST IN 

EVIDENCE SHOWS FOR H A M I L T O N  COMPANY 

S E N IORITY DATE OF 6-28-67, AND THAT 

IS IN COMPANY EXHIBIT 6.

Q WHAT WAS MR. HA M I L T O N ' S  E D U C A T I O N A L  BACKGROUND, IF

EVELYN OVERBECK
O F F IC IA L  C O UR T R E P O R T E R

3 0



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2 0 3

YOU KNOW?

A MET IS GR A D U A T E  OF HIGH SCHOOL OF ONE OF THE LOCAL 

HIGH SCHOOLS, YATES, I BELIEVE IT WAS.

Q DO YOU KNOW W HETHER HE HAD ANY HIGH SCHOOL CHEMIST! 

OR NOT?

A NO, I CAN'T TESTIFY TO THAT FOR A FACT.

Q ALL RIGHT. DID YOU HAVE A NEGRO EMPLOYEE NAMED

G R A N V I L L E  WHO WORKED IN THE LAB?

A YES, I HAD A WILLIE GRANVILLE. 

q WHEN DID HE ENTER THE LAB?

A MARCH 7, 1963.

Q WAS THAT HIS INITIAL EM P L O Y M E N T  WITH THE COMPANY 

OR HAD HE WORKED ELSEWHERE?

A THAT WAS HIS INITIAL EMPLOYMENT.

q WHAT WAS HIS E D U C A T I O N A L  OR JOB BACKGROUND, IF YOU

KNOW?

A HE HAD SIXTEEN HOURS OF CHEMISTRY AT TEXAS S O U T H 

ERN U N I V E R S I T Y  AND HE HAD WORKED AS A LAB 

TE C H N I C I A N  FOR M I N N E S O T A  MINING 3M IN ST. PAUL.

Q ALL RIGHT. ANY OTHER NEGRO EMPLOYEE WHO YOU R E 

CALL WORKED IN. THE LAB BEFORE MR. VITAL CAME TO 

WORK THERE?

A I D O N ’T RECALL ANY THAT WORK E D  IN THE TECHN I C I A N ' S

LABORATORY PRIOR TO MR. VITAL, OUTSIDE OF MR.

LEW I S .

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

364- ft



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Q ALL RIGHT. NOW, MR. VITAL HAS TE S T I F I E D  HERE

IN THIS PROCEEDING THAT BETWEEN THE TIME HE CAME 

TO WORK, NEAR THE FIRST PART OF ’66 AND UNTIL HE 

CAMS TO W ORK IN THE LAB, THERE WAS SOME SEVEN 

OTHER EMPLOYEES WHO W ERE HIRED OR T R A N S F E R R E D  INTO 

THE LAB. AT MY REQUEST DID YOU NOTE AND CAN YOU 

GIVE US NOW THE NAMES OF EMPLOYEES WHO ENTERED THE 

LAB DURING THAT PERIOD?

A YES, I HAVE THAT INFORMATION.

Q ALL RIGHT. TO SAVE A LITTLE TIME,WAS ONE OF THOSE 

PEOPLE MR. WIL L I E  GRANVILLE, A BLACK EMPLOYEE 

W H O M  YOU A LREADY MENTIONED?

A RIGHT.

Q ALL RIGHT. IF I MAY LEAD A LITTLE BIT, DID A

MR. FRANK S E T T L E M E Y E R  COME TO WORK IN THE LAB 

DURING THAT PERIOD?

A YES.

Q WAS HIS EM P L O Y M E N T  DATE 2-16-68?

A THAT'S CORRECT.

Q DO YOU KNOW WHAT SCORE HE MADE ON THE P R E 

E M P L OYMENT TEST?

A 25.

Q DID HE HAVE A HIGH SCHOOL EDUCATION?

A YES .

Q ANY OTHER P E R TINENT B A C K G R O U N D  THAT YOU RECALL AT

EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

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THE MOM E N T  BY V/AY OF TRAINING?

A NO, SIR.

Q ALL RIGHT. DID AN EMP L O Y E E  NAMED E T H ERIDGE COME 

INTO THE LAB DURING THE PERIOD IN QUESTION?

A YES.

Q WHAT WAS HIS TEST SCORE?

A 21.

Q DID HE ENTER THE LAB ON 2-17-67?

A YES, SIR.

Q HAD HE BEEN PREVIO U S L Y  EMPLOYED AS A BALER HELPER 

ON JANUARY 6/ 1967?

A HE HAD BEEN A BALER HELPER. I DON'T KNOW THE DATE,

Q ALL RIGHT. DID HE TRANSFER INTO THE LAB FROM

PRODUCT I ON?

A YES, SIR.

Q DID HE LATER T R ANSFER OUT OF THE LAB?

A YES/ SIR.

Q WHAT E D U C A T I O N A L  B A C K G R O U N D  DID HE H A V E , IF ANY, 

RELATING TO YOUR KIND OF WORK?

A HE HAD A HIGH SCHOOL EDUCATION/ AND I D O N ’T KNOW

ANY T H I N G  BEYOND THAT ON MR. ETHERIDGE.

Q ALL RIGHT. DO YOU KNOW W H E T H E R  HE HAD ANY SCIENCE 

TRAINING IN COLLEGE OR NOT?

A I DON'T KNOW THAT.

Q DIDYOU HAVE A MR. CANTU?

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

t .  3GC/0



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A

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YES, SIR.

WHAT WAS HIS TEST SCORE?

19.

WELL, DO YOU HAVE HIS INITIAL EM P L O Y M E N T  DATE 

WITH THE COMPANY THERE?

HE CAME TO W ORK IN THE LABORATORY 11-27-67, AND 

HE HAD BEEN IN THE PLANT ABOUT A MONTH AND A HALF 

PRIOR TO THAT TIME AS A W A R E H O U S E M A N,  I BELIEVE. 

ALL RIGHT. DID HE HAVE HIGH SCHOOL EDUCATION?

YES .

DO YOU HAVE A N YTHING ELSE THAT YOU KNOW ABOUT 

HIS BACKGROUND, ED U C A T I O N  AND Q U A L I F I C A T I O N S ?

HE HAD SCIENCE COURSES IN HIGH SCHOOL.

DID YOU HAVE A MR. JACKSON?

YES, SIR.

WHO W O R K E D  DURING THAT PERIOD?

YES, SIR.

W HEN DID HE COME TO THE LAB?

HE CAME TO THE LAB AS HIS FIRST PLACE OF E M P L O Y 

MENT W ITH G OODYEAR IN JANUARY 2, 1967.

DO YOU KNOW WHAT KIND OF TESTS SCORES HE HAD? 

LARRY JACKSON HAD A 27.

ALL RIGHT. DID HE HAVE ANY E D U C A T I O N  BEYOND 

HIGH SCHOOL?

YES, HE HAD A YEAR AT JUNIOR COLLEGE.

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

367/?



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Q DO YOU KNOW WHE T H E R  HE HAD ANY CH E M I S T R Y  THERE?

A HE HAS HAD FOUR HOURS OF CHEMISTRY.

Q IN J U N I O R  COLLEGE, OR --

A I DON'T KNOW. YES, HE GOT IT IN JUNIOR COLLEGE.

Q ALL RIGHT. DID A MR. GROUNDS ENTER THE LAB DURING

THE PERIOD IN QUESTION?

A YES .

Q WHEN DID HE COME IN THE LAB?

A HE CAME TO THE LAB AS HIS FIRST E M P L O Y M E N T  WITH 

GOO D Y E A R  FEBRUARY 9, 1966.

Q WHAT E D U C A T I O N A L  B A C K G R O U N D  DID HE HAVE?

A HE HAD A HIGH SCHOOL EDUCATION.

Q V/HAT WAS HIS TEST SCORE?

A HE HAD A SCORE OF 16.

Q HOW LONG HAD HE BEEN OUT OF HIGH SCHOOL AND WHAT

P E R TINENT EXPERIENCE, IF ANY, DID HE HAVE?

A MR. GROUNDS HAD BEEN OUT OF HIGH SCHOOL FOR F O U R 

TEEN YEARS PRIOR TO HIS COMING TO GOODYEAR, AND HE 

HAD A TOTAL INDUSTRIAL E X P E RIENCE AND LABORATORY 

TESTING WITH A COUPLE OF COMPANIES AND EACH OF HIS 

TEST E X P E R I E N C E  WAS RELATED TO WORK THAT WE DID 

OR A N T I C I P A T E D  DOING IN OUR LABORATORY.

Q DID YOU HAVE AN EMPLOYEE NAMED BL A C K M O N  WHO E N T E R 

ED THE LAB DURING THE PERIOD IN QUESTION?

A YES .

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

'■ 3 08/4



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Q WHEN DID HE COME IN THE LAB?

A HE CAME INTO THE L A B O RATORY AS HIS FIRST E M P L O Y 

MENT W ITH GOO D Y E A R  APRIL 9, 1966.

Q WHAT WAS HIS TEST SCORE?

A HE HAD A SCORE OF 18.

Q WHAT WAS HIS E D U C A T I O N A L  B A C K G ROUND?

A HE HAD HIGH SCHOOL AND HE HAD 8 HOURS OF C H E MISTRY

IN JUNIOR COLLEGE.

Q WHEN YOU WERE C O N S I D E R I N G  MR. V I T A L ’S EM P L O Y M E N T  

IN THE LAB WERE YOU TOLD WHAT HIS TEST SCORES HAD 

BEEN?

A YES .

Q OR WHAT DID YOU U N D E R S T A N D  ABOUT HIS TESTING?

A WELL, I LOOKED AT HIS RECORD BEFORE I INTERV I E W E D  

HIM, WELL, DURING THE TIME I WAS INTERVIEWING HIM, 

AND HE HAD A SCORE OF 13 AND THE SAME DAY HE TOOK 

THE TEST AGAIN AND GOT A SCORE OF 15.

Q TELL US BRIEFLY ABOUT -- WELL, FIRST, DID YOU INTER 

VIEW MR. VITAL BEFORE YOU D ECIDED WHETHER OR NOT, 

BEFORE HE STARTED IN THE LABORATORY?

A YES .

Q TELL US BRIEFLY WHAT OCCURRED AND WHAT YOU D I S 

CUSSED WITH HIM?

A I TOLD MR. VITAL —  I DE S C R I B E D  TO HIM THE GEN E R A L

FUNCTIONS OF THE LABORATORY IN THE SECTION THAT HE

EVELYN OVEli BECK
O F F IC IA L  C O UR T R E P O R T E R

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WOULD BE EMPLOYED, NOT GETTING INTO SPECIFICS 

OF THE TESTS, BUT GENERAL, AND I D I S C U S S E D  W ITH 

HIM WHAT WE EXPECTED FROM THE WORKERS, THAT WE 

EXPECTED A FULL DAY'S WORK FOR A FULL DAY'S PAY, 

AND THAT WE EXPECTED TO GIVE HIM EVERY O P P O R T U N I T Y  

TO QUALIFY FOR THE JOB.

Q ALL RIGHT. DID HE GO TO WORK IN THE LAB THEN?

A YES, SIR.

Q WILL YOU TELL US, PLEASE, HOW MR. VITAL WAS

TRAINED AND WHAT O C C U R R E D  AFTER HE STA R T E D  TO 

WORK IN THE LAB?

A WELL, HIS T R AINING STARTED THE SAME AS EVERY NEW 

EMPLOYEE WE HAVE IN THE TECHNI C I A N ' S  GROUP. WE 

STARTED HIM W O R K I N G  W I T H  THE TRA I N E D  EMPLOYEES, 

WORKING ON THE SAME JOB.

HIS FIRST DAYS WERE SPENT IN O B 

SERVING, MOVING FORWARD AS FAST AS HE FELT HE WAS 

ABLE TO PROCEED WITH THE TESTS. WE TRAINED HIM 

IN ONE PHASE OF OUR O P E R A T I O N  AND THEN WE TRAINED 

HIM IN A SECO N D  PHASE OF THE OPERATION. WE HAVE 

TWO G E N E R A L  PHASES OF THE O P E R A T I O N  AT THE TIME 

THAT MR. VITAL CAME TO WORK.

AFTER A C O N S I D E R A B L E  TIME OF T R A I N 

ING WE TRIED TO USE MR. VITAL PY H I M S E L F  ON A JOB,

AND HE E N C O U N T E R E D  SOME DIFFICULTIES. IT WAS

EVELYN OVERHECK
O F F IC IA L  COURT R E  ROUTER

.. . 370/?



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DURING THE TIME OF THE YEAR WHERE WE HAD NO 

VACATIONS SO WE WERE ABLE TO USE PEOPLE WORKING 

WITH HIM. THE OTHER EMPLOYEES HELPED HIM.

HE STILL HAD SOME D I F F I C U L T I E S  AND 

V/E BROUGHT HIM BACK TO THE FIRST SHIFT AGAIN FOR 

TWO MORE WEEKS OF T R AINING WITH AN OLDER MAN WHO 

HAD BEEN ON THIS JOB FOR SOME PERIOD OF TIME, AND 

THAT IS THE WAY HIS TRAINING PROCEEDED.

Q DID MR. VITAL BECOME Q U A L I F I E D  AND ABLE TO DO AN 

ADEQUATE JOB?

A YES .

Q WHAT WAS MR. VITAL'S A T T I T U D E  LIKE AND WHAT IN

TEREST DID HE DISPLAY?

A MR. VITAL WAS ONE OF THE HAR D E S T  W O R K I N G  MEN THAT 

I HAVE HAD IN THE LABORATORY. HE NEVER STOPPED 

RUNNING. HE JUST KEPT WOR K I N G  ALL THE TIME, WORKIN 

HARD, AND ACTUALLY HIS ATT I T U D E  TOWARDS THE WORK 

WAS MUCH SLOWER IN LEARNING THE JOB THAN THE 

NORMAL PERSON, AVERAGE PERSON, AND I W O U L D  NOT HAVE 

KEPT THE AVE R A G E  PERSON ON THE JOB, BUT MR. VITAL 

WAS SO INTENT ON PROVING H I M S E L F  AND DOING AN A D E 

QUATE JOB THAT I WAS INFLUENCED BY THIS.

Q IN THE NOR M A L  COURSE OF EVENTS WHEN YOU TRAIN

PEOPLE ON THAT JOB ABOUT HOW LONG DOES IT TAKE FOR

A MAN TO BE TRAINED ENOUGH TO WORK ALONE?

EVELYN OVERBECK
O F F IC IA L  CO UR T R E P O R T E R

t . 3 7 1 / ?

___________________________________ _____________________________________ 29 Q



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A WE NO R M A L L Y  ALLOW TWO WEEKS. THERE ARE SOME

PEOPLE THAT WILL LEARN THE JOQ IN A FEW DAYS LESS 

THAN THIS. THERE ARE A FEW THAT WILL GO DEYOND 

THIS, AS MUCH AS A WEEK OR TWO. BUT AVERAGE TIME 

THAT WE FEEL IS DESIRABLE IS A 3 OUT TWO WEEKS.

NOW, WE D O N ’T EXPECT THEM TO BE A 

FULLY QU A L I F I E D  EMPLOYEE AT THE END OF TWO WEEKS, 

BUT WE DO EXPECT THAT HE WILL VERY NEARLY BE ABLE 

TO HANDLE THE WORK ON THE SHIFT BY HIMSELF AT 

THAT TIME.

Q NORMALLY DO YOU HAVE ONE MAN IN THE P HYSICAL LAB 

WORKING ALONE ON A SHIFT?

A NO, T H E R E ’S ALWAYS TWO MINIMUM.

Q ALL RIGHT. DO THOSE TWO MEN NORMALLY WORK INDE

PENDENT OF ONE ANOTHER?

A NO, THEY WORK IN C O N J U N C T I O N  WITH ONE ANOTHER.

Q WHEN YOU SAY IT N ORMALLY W O ULD TAKE ABOUT TWO 

WEEKS FOR A MAN TO BE ABLE TO WORK ALONE, WHAT 

DO YOU M E A N  BY THAT?

A W I T H O U T  HAVING AN A D D I T I O N A L  EMPLOYEE BEYOND THE

OR I G I N A L  TWO STAY ON THE SHIFT, OR WITHOUT HAVING 

SUPERVISORS OR SOMEONE HELP THEM WITH THEIR WORK.

Q DO YOU HAVE A VACATION RELIEF MAN, IN OTHER WORDS, 

MEN EXCESS TO YOUR NORMAL REQU I R E M E N T S?

A YES .

____________________________________ 29 1

"  “  EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

3 7  2  f t



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Q

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AND IN MR. VITAL'S C A S E , FOR EXAMPLE, W HEN HE 

WAS TRAINED WOU L D  THERE BE THREE MEN PRESENT IN 

THE LAB; IS THAT THE ROUTINE?

DURING MOST OF HIS T R AINING THERE W O ULD HAVE BEEN 

THREE MEN.

IN MR. VITAL'S CASE HOW LONG WAS IT BEFORE YOU 

CONSID E R E D  HIM TRAINED?

I RECALL WE WERE ASKED TO COMMENT ON THE PROGRESS 

OF THE EMPLOYEES AND I RECALL THAT WE HAVE ONE 

COM M E N T  WE MAKE AT THE END OF 90 DAYS FOR A 90- 

DAY Q U A L I F Y I N G  PERIOD. WE TRY NOT TO DISQUALIFY 

ANYBODY AFTER 80 DAYS AT THE LAST MINUTE, BUT WE 

TRY TO MAKE A FINAL J U DGMENT BY 30 DAYS.

IN 80 DAYS I SAW MR. BOSLEY AND 

I TALKED TO HIM AND I TOLD HIM I DIDN'T THINK 

PERCY VITAL WAS GOING TO BE ABLE TO HANDLE THE 

JOB. HE WAS HAVING TROUBLE C O O R D I N A T I N G  HIS V/ORK 

AND GETTING EV E R Y T H I N G  DONE IN THE A L LOTTED TIME. 

BUT HE DID MAKE IT AND HE IS ON THE JOB?

HE DID MAKE IT, AND HE IS ON THE JOB.

MR. BURCH: THANK YOU. PASS

THE WITNESS.

THE COURT: MRS. MC DONALD.

-------“  “  EVELYN OVERBECK ~
O F F IC IA L  C O UR T R E P O R T E R

3734



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-2-9-3-

CROSS E X A M I N A T I O N

BY MRS. MC DONALD:

A

Q

A

Q

MR. A L B R E C H T , I AM S O M E W H A T  CONFUSED AS TO THE 

DEPART M E N T S  OVER WHICH YOU ARE MANAGER. NOW, IN 

THE CURRENT LABORATORY A G R E E M E N T  THERE IS A 

DIVISION CALLED LABORATORY TECHNICIANS. IS THAT 

INCLUDED WIT H I N  YOUR O V E R - A L L  J U R I S D I C T I O NS ?

YES, MA'AM.

THEN THERE IS ALSO A D IVISION CALLED PROCESS C O N 

TROL CHEMISTS OR E N V I R O N M E N T A L  LAB CHEMISTS OR 

INSTRUMENT LAB CHEMISTS. YOU ARE LAB MANAGER FOR 

THAT GROUP ALSO?

j . THOSE ARE THREE GROUPS ACTUALLY.

I W O ULD LIKE TO CLARIFY FOR YOUR 

BENEFIT THE E N V I R O N M E N T A L  LABORATORY. THAT IS 

UNDER MY DIRECTION, BUT THERE IS AN ENGINEER WHO 

D I RECTLY OBSERVES AND FOLLOWS IN TESTING AND I HAVE 

THE R E S P O N S I B I L I T Y  FOR HIRING AND GET T I N G  E Q U IPMENT 

AND THIS SORT OF THING, BUT I DON'T HAVE DIRECT 

R E S P O N S I B I L I T Y  TO T H A T .

NOW, YOU DO NOT HAVE R E S P O N S I B I L I T Y  OVER ANY OTHER 

DIVISIONS, ANY OTHER LAB DIVISIONS, IS THAT C O R 

RECT?

THAT'S CORRECT.

NOW, DURING THE PERIOD OF TIME THAT THE COMPANY HAS
EVELYN OVERBECK
O F F IC IA L  CO UR T R E P O R T E R

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29 9

BEEN GIVING TESTS FOR INITIAL E M P L O Y M E N T  HAS IT 

BEEN A R E Q U I R E M E N T  THAT PERSONS HIRED INTO THE 

L A B / INTO THOSE D EPARTMENTS UNDER YOUR J U R I S D I C 

TION, HAVE TAKEN THESE TESTS?

A SINCE I HAVE BEEN INVOLVED IN IT, YES.

Q u n t i l  k E r y  r e c e n t l y  t h i s  y e a r  w h e n  t h e  c o m p a n y , a s

YOU UNDERSTAND, STOPPED GIVING THE TESTS?

A YES .

Q IS THERE A MR. T. A. SCHEDEL WHO IS EMPLOYED AS A 

CHEMIST?

A SCHEDEL?

Q S - C - H - E - D - E -L ?

A Y E S .

Q IS HE BLACK CR WHITE?

A WHITE.

Q DO YOU KNOW IF HE TOOK THE W O N D E R L I C H  OR S.R.A.

TEST?

Q

A

Q

A

HO, I DON'T. HE WAS A S T A T I S T I C A L  CONTROL E N G I N 

EER. HE IS A GRA D U A T E  QUA L I T Y  CONTROL ENGINEER.

IS HE A CHEMIST?

NO, HE IS NOT A CHEMIST. HE IS A S T A T I S T I C A L  

QUALITY CONTROL MAN.

WAS HE EM P L O Y E D  AS A CHE M I S T  OR I G I N A L L Y ?

NO, HE WAS EMPLOYED AS A Q UALITY CONTROL ENGINEER,

IS IT YOUR U N D E R S T A N D I N G  THAT HE WAS R E QUIRED

EVELYN OVERBECK
C O UR T R E P O R T E R3754



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TO TAKE THESE TESTS AND ACH I E V E  A CERTAIN SCORE?

A HE WAS HIRED AS A SALARY EMPLOYEE, AND I D O N ’T

KNOW THAT THE —  I D O N ’T KNOW AN Y T H I N G  ABOUT THE 

HIRING OR THE SALARY PART.

Q WHAT ABOUT MR. A. H. KING?

A YES .

Q IS HE UNDER YOUR CONTROL?

A YES.

Q WHAT JOB DOES HE HAVE?

A QUALITY PROCESS CONTROL CHEMIST.

Q WAS HE R E Q U I R E D  TO TAKE THE TEST?

A MR. KING CAME TO THE PLANT IN I THINK 1950. I

D O N ’T HAVE THE RECORD HERE. '57. I DO NOT KNOW 

IF THEY WERE GIVING THE TESTS AT THAT TIME.

Q WHAT A B OUT MR. G. A. SHINN, S-H-I- N - N ?  IS HE 

UNDER YOUR JURI S D I C T I O N?

A I D O N ’T HAVE ANYBODY BY THAT NAME.

Q D. S. OGNOSKI?

A NO.

Q WHAT ABOUT MR. R. B. HARRIS, IS HE ALSO A CHEMIST?

A YES .

Q WAS HE HIRED INITIALLY AS A S A L A R I E D  PERSON?

A NO.

Q WHAT JOB?

A PROCESS CONTROL CHEMIST.

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

370/0



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Q WOULD HE HAVE TAKEN THE S.R.A. TEST OR WONDER- 

LICH TEST?

A I WOULD CERTAINLY THINK SO.

Q IS MR. HARRIS WHITE OR BLACK?

A HE IS WHITE.

Q NOW, W I T H I N  THE LABORATORY TECHNICIANS* GROUP IS 

IT YOUR TESTIMONY THAT IT IS DESIRABLE TO HAVE A 

DEGREE IN CHEMISTRY OR AT LEAST COURSES IN 

CHEMISTRY LEADING TOWARDS A DEGREE, IS THAT C O R 

RECT?

A YES .

Q IS IT ALSO YOUR TESTIMONY THAT IT IS N E C ESSARY TO

HAVE HAD Q U A L I T A T I V E  AND Q U A N T I T A T I V E  ANALYSIS 

AND ORGANIC CHEMISTRY, IS THAT CORRECT?

A I'M SORRY, I D I D N ’T UNDERSTAND.

Q IS IT NECESSARY THAT A PERSON E M PLOYED AS A LAB 

TE C H N I C I A N  HAVE HAD Q U A L I T A T I V E  AND Q U A N T I T A T I V E  

ANALYSIS AND ORGANIC CHEMISTRY?

A NO, l/E NEVER R EQUIRED THAT.

Q THAT IS NOT N E C ESSARY FOR A LAB TECHNICIAN?

A NO.

Q OKAY. WHAT ARE THE ABS O L U T E  N E C ESSARY REQUIREMENTS 

TO BE A LAB T ECHNICIAN? NOW YOU HAVE T E S TFIEID 

WHAT IS D E S IRABLE -- WHAT IS NECESSARY?

A I FEEL IT IS A B S O L U T E L Y  N E C E S S A R Y  TO HAVE A HIGH

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

- -  377 ft



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DEGREE OF C O O R D I N A T I O N  AND A HIGH LEVEL OF 

ABILITY TO LEARN, TO READ, TO WRITE, TO U N D E R S T A N D  

WRI T T E N  INSTRUCTIONS.

Q NOW, HOW MANY PERSONS ARE E M PLOYED IN LABORA T O R Y  

T E C H N I C I A N  UNDER YOUR J U R I S D I C T I O N ?

A I THINK THERE ARE T W E N T Y . WE HAVE JUST RECENTLY 

ADDED.

Q DO ALL OF THE TWENTY PERSONS SATISFY THESE M I N I M A L  

QUA L I F I C A T I ON S ,  THESE Q U A L I F I C A T I ON S  THAT YOU SAY 

ARE NECESSARY?

A THE LATEST THREE ARE NOT Q U A L I F I E D  TECHNICIANS YET. 

THE OTHERS HAVE SA T I S F I E D  THE Q U A L I F I C A T I O N S  FOR 

H A NDLING THE JOB. THEY ARE ALL QU A L I F I E D  TO DO 

THE J 03.

Q HOW MANY OF THE S E V E N T E E N  —  YOU SAY THREE ARE NOT 

YET QUALIFIED. HOW MANY OF THE SE V E N T E E N  ARE 

BLACK?

A I BELIEVE THAT THERE ARE TWO.

Q NOW, W H A T  ARE THEIR NAMES?

A PERCY V I T A L  AND RONALD HAMILTON.

Q NOW, PERCY VITAL CAME IN IN ’63 AND SO DID MR.

HAMILTON, IS THAT CORRECT? BOTH OF THEM ARE E M 

PLOYED IN THAT DIV I S I O N  IN'68?

A VITAL WAS IN *63 AMD H A M I L T O N  IS IN ’63, YES, C O R 

RECT.

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

3 7 8 f t



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A

Q

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Q

A

Q

A

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Q

A

Q

A

Q

WERE THERE EVER ANY BLACKS EMPLOYED AS LABORATORY 

TECHNI C I A N S  PRIOR TO MR. H A M I L T O N  AND MR. VITAL?

YES , MA'AM.

AND W HAT W ERE THEIR NAMES?

MELVIN LEWIS, WILLIE GRANVILLE. I C A N ’T RECALL 

OTHERS. AS FAR AS I KNOW THAT IS COMPLETE.

MELVIN LEWIS AND W I L L I E  GR A N V I L L E  HAVE NOW BEEN 

T R A N S F E R R E D  TO ONE OF THE LABS, IS THAT CORRECT? 

MELVIN LEWIS HAS. WILL I E  GR A N V I L L E  LEFT THE C O M 

PANY .

HOW MANY OF THE WHITE PERSONS WHO ARE CLASSIFIED 

AS LAS TECHNI C I A N S  HAVE COLLEGE DEGREES?

I DON'T BELIEVE THERE'S ANY.

NONE OF THEM?

NO.

MR. LEWIS, WHO WAS HIRED IN 106^ AS A LAB T E C H N I 

CIAN, DID H O W E V E R  HAVE A COLLEGE DEGREE, IS THAT 

CORRECT?

YES. WE HAVE HAD OTHERS IN THE SAME C L A S S I F I C A 

TION. THIS WAS OUR INTENTION AT THE TIME.

DO ANY OF YOUR LA B O R A T O R Y  TE C H N I C I A N S  PRESENTLY 

HAVE COLLEGE DEGREES?

NONE OF THEM PRESENTLY DO.

MR. LEWIS, WHO IS BLACK, DOES HAVE A COLLEGE D E 

GREE, AND HE WAS FORMERLY A LABORATORY TECHNICIAN,

“  “  EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

379 fl



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IS THAT CORRECT?

A T H A T ’S CORRECT.

Q HAVE YOU HAD LABORATORY TECHNI C I A N S  IN THE PAST, 

WITH THE E X C EPTION OF MR. LEWIS, WHO HAVE HAD 

COLLEGE DEGREES?

A YES .

Q WOULD YOU GIVE ME THEIR NAMES, PLEASE.

A A MAN NAMED HERREZI, H - E - R - R - E - Z - I , AND THAT WAS 

SOMETIME AGO. I C A N ’T TELL YOU MORE ABOUT HIM 

THAN THAT.

Q IS HE WHITE OR BLACK?

A HE WAS WHITE. I DON'T KNOW THAT I CAN GIVE YOU

ANY MORE NAMES W I T H O U T  CONSULTING SOME RECORDS.

Q HOW LONG HAVE YOU BEEN LAB MANAGER, MR. ALBRECHT?

A SINCE OUR BEAUMONT PLANT OPENED.

Q LAB M A N A G E R  IN THE HOUSTON?

A I THINK IT WAS 19C2 OR 1963. I ’M NOT SURE OF THE 

DATES, BUT 1962 OR 1963.

Q THE LAD MANAGER WITH THE H O U S T O N  PLANT?

A YES, MA'AM.

Q NOW, REF E R R I N G  TO THE OTHER DIVISIONS, THE VARIOUS 

LABS A B OUT WHICH YOU HAVE TESTIFIED, WHAT ARE THE 

DE S I R A B L E  Q U A L I F I C A T I O N S  FOR THAT DEPART M E N T ?

A OTHER THAN THE TECHNICIAN?

Q RIGHT. FIRST OF ALL, THE PROCESS CONTROL CHEMIST,

EVELYN OVERBECK
O F F IC IA L  C O UR T R E P O R T E R

3 80  d



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YOU SAY IT WAS DE S I R A B L E  TO HAVE SOME CHEMICAL 

KNOWLEDGE?

A YES. Q U A L I F I C A T I O N  W HEN I HIRED INTO THAT GROUP 

WAS A DEGREE IN CHEMISTRY.

Q NOW, IS IT ALSO DESIRABLE, YOU TESTIFIED, TO HAVE 

Q U A N T I T A T I V E  AND Q U A L I T A T I V E  ANALYSIS?

A YES .

Q NOW, PR E S E N T L Y  HOW MANY PERSONS ARE EMPLOYED AS A 

PROCESS CONTROL CHEMIST?

A I THINK THERE ARE T HIRTEEN IN THIS GROUP AT THIS 

TIME.

Q IS MR. MELV I N  LEWIS A PROCESS CONTROL CHEMIST?

A YES .

Q ARE THERE ANY OTHER BLACKS IN THAT CATEGORY B E 

SIDES MR. LEWIS?

A Y E S .

Q WHAT ARE THEIR NAMES?

A TOM PARSONS.

Q WHEN WAS MR. PARSONS EMPLOYED IN THAT CATEGORY?

A H E ’S BEEN THERE A LITTLE OVER A YEAR. I DON'T

HAVE MIS DATE .WITH ME.

Q NOW, HAS MR. PARSONS RECEIVED A B.S. OR A B A C H E 

L O R ’S DEGREE FROM A COLLEGE?

A YES .

Q YOU SAY THERE ARE TWENTY PERSONS WHO ARE PROCESS

— —  EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

■ 381 ft



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CHEMISTS PRESENTLY?

A I BELIEVE T H A T ’S THE NUMBER,, YES.

Q OF THE R E M A I N I N G  EI G H T E E N  ARE THEY ALL WHITE?

A NO. WE REC E N T L Y  HIRED A BLACK.

Q OKAY. NOW, HOW MANY PERSONS PRESENTLY ARE C L A S S I 

FIED AS PROCESS CHEMISTS?

A PROCESS CONTROL CHEMISTS, I BELIEVE, ARE T H IRTEEN

IN THAT GROUP.

Q TWO ARE BLACK, OR THREE?

A TWO.

Q THAT IS MR. PARSONS AND MR. LEWIS?

A Y E S .

Q BOTH OF THEM HAVE COLLEGE DEGREES?

A ONE OF THEM HAS A DEGREE IN CHEMISTRY AMD ONE 

IN MECHANICS, A U T O M O B I L E  MECHANICS.

Q A COLLEGE DEGREE, THOUGH, IS THAT CORRECT?

A YES, T H A T ’S CORRECT.

Q OF THE R E M A I N I N G  A P P R O X I M A T E L Y  ELEVEN PROCESS

CHEMISTS, ARE THESE ALL W H ITE PERSONS?

A Y E S .

Q DO ANY OF THESE ELEVEN WHITES HAVE A COLLEGE D E 

GREE?

A Y E S .

Q HOW MANY AMD WHAT ARE THEIR NAMES?

A ONE.

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

-- 3 8 2  R



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Q WHAT IS HIS NAME?

A HIS NAME IS JOHN RUSSELL.

Q DOES HE A L S O  HAVE A COLLEGE DEGREE IN CHEMIS T R Y ?  

A YES .

Q NOW, ARE YOU FAMILIAR WITH THE P E R SONNEL IN THE 

E N V I R O N M E N T A L  LAB?

A YES .

Q HOW MANY PERSONS ARE IN THAT CATEGORY?

A ONE.

Q IS HE WHITE OR BLACK?

A H E ’S WHITE.

Q AND DOES HE HAVE A COLLEGE DEGREE?

A NO.

Q WHAT IS HIS SCHOOLING?

A H E ’S GOT QUALITATIVE, Q U A N T I T A T I V E  ANALYSIS;

CHEMISTRY, INSTRUMENTATION. HE'S GOTTEN SOME 

ONE FIFTY TO TWO HUNDRED HOURS IN SPECIAL WATER 

E N V I R O N M E N T A L  STUDIES, WATER, AIR, SEWAGE, THIS 

SORT OF THING.

Q HE HAS SOME COLLEGE HOURS, I GATHER, IN THESE 

SUDJECTS?

A OH, YES, AND HE HAS TAUGHT SCHOOL.

Q HE TAUGHT SCHOOL?

A HE TAUGHT SCHOOL, YES.

Q YOU SAY HE DOES NOT HAVE A COLLEGE DEGREE?

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

- - 383/9



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A NO.

Q WHEN WAS HE FIRST EMPLOYED IN THIS CATEGORY?

A I THINK SO M E W H A T  ABOUT A YEAR AND A HALF AGO, 

A P P R O X I M A T E L Y .

Q TO YOUR KNOWLEDGE HAS THERE EVER BEEN A BLACK

PERSON E MPLOYED AS AN E N V I R O N M E N T A L  LAB CHEMIST?

A THIS IS A NEW JOB. THIS IS THE ONLY MAN THAT 

HAS BEEN ON THE JOB.

Q R E F ERRING TO THE INSTRUMENT LAB CHEMIST CATEGORY,

WHAT ARE THE D E S IRABLE Q U A L I F I C A T I ON S  OF THAT 

JOB?

A WE LIKE FOR THEM TO HAVE Q U A L I T A T I V E  AND Q U A N T I T A 

TIVE ANALYSIS, O R G A N I C  OR P H YSICAL CHEMISTRY,

AND INSTRUMENT ANALYSIS.

Q ARE THERE ANY BLACK PERSONS IN THAT CATEGORY?

A NO.

Q DURING THE TIME THAT YOU HAVE BEEN LAB MANAGER

HAVE THERE BEEN ANY BLACK PERSONS E M PLOYED IN THE 

INSTRUMENT LAB C H E M I S T ’S JOB?

"A NO. THIS JOB IS ONLY AYEAR OLD, BY THE WAY.

THE COURT: IT IS WHAT?

THE WITNESS: IT IS A LITTLE

OVER A YEAR OLD. THERE HAVE BEEN NO 

CHANGES IN IT SINCE IT WAS INSTIGATED.

Q N O W, AT THE TIME YOU ICRE INTERVIEWING MR. VITAL____
”  EVELYN OVEIiBECK

O F F IC IA L  COURT R E P O R T E R

-• 3 8 ‘W



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DID MR. V I TAL HAVE A COLLEGE DEGREE?

A I D I D N ’T THINK HE DID, BUT I COULD BE M I S T A K E N  ON 

THAT.

Q HE HAD SOME YEARS IN COLLEGE?

A YES.

Q BUT YOU DON'T KNOW W H E T H E R  HE HAD COMPLETED HIS 

E D U CATION IN COLLEGE?

A I D I D N ’T KNOW V/HETHER HE HAD CO M P L E T E D  IT. HE 

COULD HAVE.

Q DO YOU KNOW MR. VITAL TODAY HAS A COLLEGE DEGREE?

A I HAVE HEARD THAT HE HAD, NOT FROM AN O FFICIAL 

SOURCE.

Q OKAY. NOW, LET'S SEE IF I CAN SUMMARIZE YOU, AND 

YOU CORRECT ME IF I AM WRONG. MR. VITAL AND MR. 

H A M I L T O N  AND MR. MELVIN LEWIS ARE THE ONLY BLACKS

WHO ARE EMPLOYED UNDER YOUR JURISDICTION, IS THAT 

CORRECT, OR IS THERE ONE MORE?

A THERE ARE TWO MORE.

Q WHAT ARE THE NAMES OF THE OTHER TWO?

A TOM PARSONS, AND THE OTHER ONE'S NAME IS C A R T W R I G H "  

LENNEKER CARTWRIGHT.

Q WHAT JOB DOES MR. C A R T W R I G H T  HAVE?

A CA R T W R I G H T  IS A TECHNICIAN.

Q WHEN WAS HE EMPLOYED ?

A HE WAS E MPLOYED TUESDAY OF THIS WEEK.

3 0 *4

~  EVELYN OVERBECK
O F F IC IA L  CO OUT UK FORT UR

- -  380/7



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Q WHAT ARE HIS Q U A L I F I C A T I O N S ?

A I DO NOT KNOW.

Q HAVE YOU TALKED WITH HIM?

A TODAY.

Q DID YOU TALK WITH HIM ABOUT MIS EDUCAT I O N A L  

BACKGR O U N D ?

A NO.

Q WHAT DID YOU TALK WITH HIM ABOUT?

A I TOLD HIM THAT I WAS THERE TO HELP HIM AND THAT 

ANY P R O B L E M  HE HAD HE SHOULD CONTACT M E , DAY OR. 

NIGHT. I HAD RATHER HE DID N ' T  DO IT AT 5:00 IN 

THE MORNING, HOWEVER. HE SAID HE W O ULD TRY NOT 

TO.

Q ALL RIGHT. EXCEPT FOR MR. CARTWRIGHT, MR. PARSONS

AND MR. VITAL AND MR. LEWIS, ALL HAVE COLLEGE 

DEGREES PRESENTLY, IS THAT CORRECT?

A MR. PARSONS, VITAL AND LEWIS -- IS THAT WHAT YOU 

SAID?

Q YES, SIR.

A WELL, I AM EXCEPTING YOUR WORD ON MR. VITAL, AND

THE OTHER TWO DO HAVE DEGREES.

Q AND WHO IS THE OTHER CLACK EMPLOYEE UNDER YOUR 

J U R I S D I C T I O N?

A WE HAVE RONNIE HAM I L T O N  AND THIS NEW MAN, C A R T 

WRIGHT.

‘ EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

- 38G/y



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Q HAVE YOU EVER EX A M I N E D  THE S.R.A. TESTS THAT WERE 

GIVEN TO EMPLOYEES?

A YES, I HAVE.

Q R E Q U I R E D  FOR INITIAL EMPLOYMENT?

A YES.

Q HAVE YOU BEEN RELYING ON THE SCORES THAT PEOPLE

A CHIEVE ON THIS S.R.A. TEST IN TRYING TO CONSIDER 

W HETHER OR NOT YOU WOU L D  R E C O M M E N D  AN INDIVIDUAL 

BE E M P L O Y E D  IN A JOB UNDER YOUR J U R I S D I C T I O N?

A I HAVE BEEN RELYING ON THE SCORE AND WHAT WENT 

INTO MAK I N G  THE SCORE.

Q WHAT DO YOU MEAN BY THAT?

A WELL, IF A MAN W O R K E D  —  THERE'S 35 QUESTIONS ON

THE TEST, AND IF HE HAD AN ANSWER FOR ALL 35 AND 

HAD 16 COR R E C T  —  I DIDN'T LOOK AT THIS IN THE 

SAME WAY FAVORABLY AS IF A MAN HAD W O R K E D  20 AMD 

HAD 16 OF THEM CORRECT. THE SCORE IS BASED ON 

THE NUMBER OF CORRECT ANSWERS, NOT ON THE RATIO 

OF RIGHT TO WRONG OR ANY T H I N G  ELSE. SO TO ME 

ACCURACY WAS IMPORTANT AND SPEED WAS IMPORTANT,

BUT I EQUATED THE SPEED WITH GET T I N G  ALL THE Q U E S 

TIONS A N S W E R E D  AND IF THE MAN GOT 35 A N S W E R E D  

AND 35 RIGHT, OF COURSE THIS IS BOTH SPEED AND 

ACCURACY, AND THIS IS ALM O S T  IMPOSSIBLE FOR MOST 

OF US, BUT --

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

~ 387/?



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Q IN A D D I T I O N  TO THE TEST RESULTS DID YOU EXAMINE 

THE TESTS T H E M S E L V E S ?

A YES.

Q TO SEE WHERE A PERSON DID BETTER OR WORSE?

A 1 TRIED TO DO THAT.

Q DID YOU?

A YES, I DID.

Q N O W , THE LAB JOBS ARE BAS I C A L L Y  A S C I E N T I F I C  JOB,

IS THAT CORRECT? CAN I C A T E G O R I Z E  THEM THAT 

WAY?

A BASICALLY I WOULD SAY THEY ARE RELATED TO SCIENCE. 

Q IS THERE VERY MUCH READING INVOLVED AND IS IT

N E C ESSARY TO HAVE THE ABILITY TO READ VERY WELL 

AND TO HAVE A GOOD V O C A B U L A R Y  TO WORK AS A 

CHEMIST?

A IT IS NE C E S S A R Y  TO DO READING W HEN A MAN FIRST

STARTS INTO THE JOB TO GO OVER THE SPECIFICATIONS. 

Q WHAT DOES HE READ NOW?

A HE READS THE S P E C I F I C A T I ON S  FOR RUNNING THE TEST, 

q AND IS THIS A BOOK?

A WE HAVE A BOOK THAT WE KEEP IN THE TECHNICIANS'

SECTION AND IT IS THERE AT ALL TIMES, SUPPOSED TO 

BE THERE AT ALL TIMES, FOR THE T ECHNICIANS TO READ 

SO THEY CAN U N D E R S T A N D  THE S P E CIFICATIONS. IF

THEY DO SOMETHING WRONG WE WANT TO BE ABLE TO GO
EVELYN OVERBECK
O F F IC IA L  COURT R E F O R T E R

383 ft

______________________________ _________________________________________________________ 3JL7 -  . . . .



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3 0 8

AND ASK THEM IF THEY FOL L O W E D  THE PROCEDURE AS 

WRITTEN.

Q WHAT REA D I N G  IS DONE BY A CHEMIST?

A WELL, THE C HEMIST HAS TO READ MORE E XTENSIVELY 

ON THE S P E C I F I CATIONS. WE FOLLOW A.S.T.M. P R O 

CEDURES TO A GREAT DEGREE, AND I HAVE MANUALS 

AND BOOKS G A T H E R E D  T H R O U G H O U T  THE CHEM LAB. MY 

INTENTION IS TO GIVE THEM A TEST.

Q D I F F E R E N T  TESTS?

A NOT A Q U A L I F Y I N G  TEST, A C HEMICAL ANALYSIS TEST, 

PROCEDURE. I WANT TO BE ABLE TO SAY TO THEM,

"I NEED THE ANALYSIS OF THIS MATERIAL", AND E X 

PECT THEM TO EITHER KNOW FROM PRIOR EXPERIENCE

HOW TO ANA L Y Z E  THIS OR TO GO TO ONE OF THE OTHER 

MANUALS TO READ.

Q HAVE YOU R E VIEWED THE S.R.A. A D A P T A B I L I T Y  TESTS

THAT HAVE BEEN USED BY THE DEFENDANTS, BY THE 

COMPANY?

A I AM NOT SURE WHAT YOU MEAN.

Q HAVE YOU SEEN IT? IS THIS ONE OF THE TESTS THAT

YOU LOOKED AT?

A Y E S .

Q I'M GOING TO READ YOU W HAT THE FIRST Q U E S T I O N  ON 

THIS TEST IS, AND IT IS THE STATEMENT: "THERE IS

SOMETHING IN THE WAY HE DEALS THAT MAKES ME

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

- 38.9 ft



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V/ANT TO CUT THE CARDS." THAT INDICATES WHAT 

ON THE PART OF THE SPEAKER?

THEN YOU HAVE TO CHOOSE ONE FROM FIVE 

WORDS. ONE, INDECISION; TWO, SCORN; THREE, FEAR; 

FOUR, HATE; FIVE, SUSPICION.

NOW, MR. ALBRECHT, IN YOUR O PINION 

WHAT DOES THIS Q U E S T I O N  HAVE TO DO WITH THE 

ABILITY OF A PERSON TO BE A LAB TECHNICIAN?

A THAT IS NOT THE TEST THAT WE GAVE.

Q DO YOU GIVE THEM A C H E M I C A L  TEST?

A I'M NOT AN EXPERT ON THE TEST. I DON'T KNOW THE 

TEST. I W O ULD REC O G N I 2 E  IT IF I SAW IT PERHAPS. 

NO, THIS IS NOT A TEST EITHER.

Q WELL, DO YOU GIVE AN S.R.A. TEST?

A YES.

Q EXCUSE ME JUST A MOMENT.

I'M GOING TO SHOW YOU THE OTHER S.R.A. 

TEST THAT I WAS GIVEN AND ASK YOU TO TELL ME IF 

THIS IS A TEST THAT IS USED?

MR. BURCH: MAY WF ASK THE

RECORD SHOW W H I C H  FORM IS BEING SHOWN 

TO HIM?

MRS. MC DONALD: IT IS FORM 3.

MR. BURCH: A D A P T A B I L I T Y  TEST.

A THIS APPEARS TO BE THE TEST I AM FAMILIAR WITH.

EVELYN OVERBECK
0F̂ r/\rQ C0̂ jT REP0RTER



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Q OKAY. NOW, AGAIN, LET HE READ TO YOU FROM FORM 

B, THE FOURTH QUESTION, WHICH SAYS, "WHICH OF 

THE FIVE PROVERBS BELOW MEANS THAT THE FIRST MAN 

THERE USUALLY SUCCEEDS", AND THEN YOU HAVE TO 

CHOOSE FROM FIVE ANSWERS.

ONE, A PENNY SAVED IS A PENNY EARNED; 

TWO, SEEK AND YE SHALL FIND; THREE, THE EARLY 

BIRD CATCHES THE WORM; FOUR, RIS I N G  EARLY MAKES 

FOR GOOD HEALTH; FIVE, NEVER LOOK A GIFT HORSE 

IN THE MOUTH.

NOW, WHAT IS THE ANSWER, IF YOU KNOW?

A I HOPE IT IS NUMBER THREE.

Q THREE IS THE EARLY BIRD CATCHES THE WORM. NOW, 

WHAT DOES THAT HAVE TO DO WITH BEING A LAB 

T ECHNICIAN?

A THAT QUE S T I O N  ITSELF PROBABLY HAS LITTLE TO DO

WITH IT, BUT IT IS A B I L I T Y  TO READ AND TO U N D E R 

STAND WHAT YOU HAVE READ, AND THAT IS PART OF 

FOLLOWING S P E C I F I C A T I ON S  OF READING AND U N D E R 

STANDING.

MR. BURCH*. COULD I ASK COUNSE

TO ASK HIM ABOUT THE FIRST THREE Q U E S 

TIONS?

MRS. MC DONALD: YOU CAN DO

THAT ON R EDIRECT IF YOU WANT.

EVELYN OVERBECK
O F F IC IA L  C O V ItT  R E P O R T E R

l 391 A
•' . i . ' . •. .... 222 .. ' 2 ’



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Q MR. SETTLEMEYER, WHO WAS EMPLOYED A C C O R D I N G

TO YOUR TE S T I M O N Y  AFTER MR. V I TAL MADE QUERIES TO 

MR. BOSLEY IN AN A T T E M P T  TO GET A LAB JOB, YOU 

T E S T I F I E D  THAT HE HAD A HIGH SCHOOL DEGREE. IS 

HE WHITE?

A YES.

Q AMD DID HE HAVE ANY Q U A N T I T A T I V E  OR Q UALITATIVE 

A N A LYSIS?

A NO.

Q DID HE HAVE HIGH SCHOOL CHEMISTRY?

A I DON'T KNOW.

Q DID HE HAVE COLLEGE HOURS?

A I DON'T BELIEVE SO.

Q MR. ETHERIDGE, E MPLOYED ON F EBRUARY 17, 1967,

WITH A HIGH SCHOOL DIPLOMA, DID HE HAVE ANY 

COLLEGE HOURS?

A I DON'T KNOW.

Q IS HE W H ITE OR BLACK?

A TO BE HONEST WITH YOU I DON'T R E MEMBER MR. E T H E R ” 

I D G E .

Q NOW, YOU GAVE THE TEST SCORES FOR ALL OF THE

INDIVIDUALS WHOM YOU M E N T I O N E D  EXCEPT MR. CANTU, 

C-A-N-T-U, I BELIEVE. W HAT IS HIS TEST SCORE?

A HE HAD 19.

Q AND HE HAD ALSO A HIGH SCHOOL DIPLOMA?

~  EVELYN OVERBECK
O F F IC IA L  CO UR T R E P O R T E R

~ 392 /5



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A YES.

Q DID HE HAVE ANY C OLLEGE HOURS, TO YOUR K N O W LEDGE?

A NO.

Q IS MR. C A NTU WHITE?

A YES.

Q MR. JACKSON, HIRED ON JAN U A R Y  7, 1967, IS HE 

WHITE?

A YES.

Q IS MR. GROUNDS, HIRED FEBRUARY 9, 1966, WHITE?

A YES.

Q IS MR. BLACKMON, HIRED ON APRIL *+, *66, WHITE?

A YES.

Q TO YOUR K N O W L E D G E  DID MR. GROUNDS HAVE ANY COLLEGE 

CREDITS?

A NOT AT THAT TIME.

Q WAS MR. VITAL EMPLOYED BEFORE MR. PARSONS?

A YES .

Q IS IT TRUE THEN WITH THE E X C EPTION OF MR. WILL I E  

GRANVILLE, WHO IS NO LONGER EMPLOYED, MR. VITAL 

WAS THE THIRD BLACK TO HAVE BEEN EMPLOYED IN ONE 

OF THE LABS UNDER YOUR JURI S D I C T I O N?

A WE HAD A MR. FRANK GREEN, AND I DON'T KNOW THE 

R E L A T I O N S H I P  IN TIME ~~ I TAKE THAT BACK. MR. 

GREEN WAS IN 1966.

Q IS HE BLACK?

EVELYN OVEIIBECK
O F F IC IA L  COURT R E P O R T E R

■- - 333 a



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A

Q

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Q

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Q

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YES.

WHAT JOB WAS MR. GREEN E M PLOYED FOR?

CHEMIST.

W HAT WAS HIS E D U C A T I O N A L  BACKGROUND?

HE HAD A DEGREE WITH A SCIENCE BA C K G R O U N D  FROM 

PRAIRIE VIEW.

HOW LONG DID HE REMAIN A CHEMIST?

UNTIL HE LEFT THE COMPANY.

AND WHEN WAS THAT?

I THINK IT WAS LAST AUGUST.

AND WHEN WAS HE FIRST HIRED AS A CHEMIST AGAIN?

I THINK IT WAS N O V E M B E R  10TH IN 196G.

MR. ALBRECHT, DID YOU TELL MR. V I T A L  DURING HIS 

INTERVIEW THAT IT WAS NOT N E C E S S A R Y  TO HAVE A 

COLLEGE DEGREE TO BE E MPLOYED AS A LAB TECHNI C I A N ?  

I 'M SURE I DID.

AND DID YOU TELL HIM THAT YOUR BEST EMPLOYEE IN 

THAT CATEGORY WAS A MAN WHO ONLY HAD NINE YEARS 

OF EDUCATION?

I D O N ’T RECA L L  TELLING HIM THAT, NO.

IS THERE A MAN E M P L O Y E D  AS A LAB T E C H N I C I A N  WITH 

NINE YEARS EDUCATION?

I D O N ’T THINK SO. I COULD BE MISTAKEN, BUT I

D O N ’T BELIEVE SO. I THINK V,'E HAVE ONE WITH 11TH

GRADE EDUCATION.

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

■ ■ 394 f \



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Q THESE TWO MEN EMPLOYED IN '*3 AND ’*5, ARE THEY

THE ONLY PERSONS E M PLOYED UNDER YOUR J U R I S D I C T I O N  

WHO DO NOT HAVE A HIGH SCHOOL DIPLOMA?

A TO THE BEST OF MY KNOWLEDGE, YES.

Q DO YOU KNOW THEIR NAMES?

A HAROLD NE C E S S A R Y  AND B. H. ROBERTS.

Q DOES MR. N E C ESSARY HAVE MORE THAN A 9 TH GRADE 

EDUCATION, TO YOUR KNOWLEDGE?

A I THO U G H T  HE HAD ELE V E N  GRADES. I'M NOT POSITIVE.

Q DO YOU KNOW WHAT IS MR. 3. H. ROBERTS' EDUCAT I O N A L

LEVEL?

A I THO U G H T  IT WAS THE SAME.

Q BOTH MR. N E C ESSARY AND MR. ROBERTS ARE WHITE, IS 

THAT CORRECT?

A YES. THEY CAME TO WORK BEFORE I DID IN HOUSTON.

MRS. MC DONALD: N OTHING F U R 

THER.

THE COURT: ALL RIGHT.

MR. WHEAT: DE F E N D A N T  UNION

HAS NO QUESTIONS, YOUR HONOR.

MR. BURCH: JUST A COUPLE,

YOUR HONOR.

3 1 *

EVELYN OVERBECK
O F F IC IA L  C O UR T R E P O R T E R

3 9 5 fl



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R E D I R E C T  E X A M I N A T I O N

BY MR. BURCH:

Q MR. N E C E S S A R Y  AND MR. ROBERTS WERE FIRST EMPLOYED 

IN WHAT JOB CLAS S I F I C A T IO N ,  IF YOU KNOW?

A SAMPLE BOYS.

Q IS THAT A C L A S S I F I C A T I O N  THAT IS USED ANY LONGER?

A NO, IT IS NOT.

Q BEFORE IT WAS A B O L I S H E D  WHAT, VERY BRIEFLY, DID 

A SAMPLE BOY DO?

A WENT IN THE PLANT AND PICKED UP SAMPLES FOR THE: 

LABORATORY.

Q WHAT H A P P E N E D  TO THAT JOB AND WHY IS IT NO LONGER 

USED?

A IT WAS N E G O T I A T E D  IN THE CONTRACT AND ALL THE MEN 

THAT WERE IN THE C L A S S I F I C A T I O N  BECAME SECOND 

CLASS T E C H N I C I A N S  RATHER THAN BEING DISCHARGED.

Q MR. NEC E S S A R Y  AND MR. ROBERTS WERE HIRED AS SAMPLE 

BOYS, THOUGH?

A THAT'S CORRECT.

Q HAD THE JOBS IN THE LA B O R A T O R Y  YOU HAVE BEEN T E L L 

ING ABOUT ALWAYS BEEN UN I O N - R E P R E S E N T E D  JOBS?

A I BELIEVE -- AS LONG AS I HAVE BEEN THERE, I BFLIEN 

THEY HAVE BEEN.

Q ALL RIGHT. DO YOU KNOW WHE T H E R  OR NOT AT SOME

EARLIER TIME 'THEY WERE O UTSIDE THE B A R G AINING UNITS

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

• 396 A



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OR DO YOU KNOW?

ONLY AT THE INCEPTION OF THE PLANT TO MY KN O W L E D G E  

THE T E C H N I C I A N S  GROUP YOU ARE R E F ERRING TO?

WELL, NO. I MEANT ALL OF THESE THREE AREAS.

THE CHEMIST GROUP HAS BEEN OUTSIDE B A R G AINING GROU 

AT ONE TIME WERE THE S ALARIED EMPLOYEES THERE?

YES .

WHAT /RE THE E D U C A T I O N A L  REQUIR E M E N T S  YOU A T T E M P T E D  

TO HAVE IN THAT GROUP BEFORE IT V/AS IN THE B A R 

GAI N I N G  UNIT?

WE TRIED TO HAVE COLLEGE DEGREE IN A SCIENCE 

FIELD OR AT LEAST THE COLLEGE PREREQUISITES FOR A 

DEGREE IN THE SCIENCE PORTION OF THE DEGREE PLAN. 

HAS IT BEEN MORE D I F F I C U L T  OR NOT TO HIRE MEN 

WITH THOSE Q U A L I F I C A T I O N S  SINCE THIS HAS BEEN A 

B A R G A I N I N G  UNIT JOB?

YES/ IT HAS BEEN.

YOU MAY HAVE M E N T I O N E D  THIS, BUT DO YOU HAVE A 

CHE M I S T  WHOSE NAME IS BONNER?

YES .

DO YOU KNOW W H E T H E R  HE HAS A COLLEGE DEGREE?

NO.

DO YOU KNOW, OR DOES HE?

HE DOES NOT.

MR. BURCH: THAT IS ALL I HAVE

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

397 /)



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3 1 7

THANK YOU.

RECROSS E X A M I N A T I O N  

BY MRS. MC DONALD:

Q JUST ONE QUESTION, MR. ALBRECHT. HOW MANY 

PROCESS CONTROL CHEMISTS ARE THERE?

A THIRTEEN.

Q AND TWO OF THEM, MR. LEWIS AND MR. PARSONS, ARE 

BLACK?

A YES.

Q HOW MANY OF THE PROCESS CONTROL CHEMISTS BESIDE

PARSONS AND LEWIS HAVE COLLEGE DEGREES?

A I BELIEVE THOSE ARE THE ONLY TWO IN THE PROCESS 

CONTROL GROUP. IT IS A LITTLE HARD FOR ME -- I 

DON'T THINK OF THEM AS BLACK OR WHITE. I JUST 

THINK OF THEM AS EMPLOYEES. THAT IS WHY I HAVE 

A HARD TIME A N S W E R I N G  YOUR QUESTION.

Q ARE THE OTHER PROCESS CONTROL CHEMISTS BESIDES

MR. PARSONS AND MR. LEWIS WHITE?

A YES.

MRS. MC DONALD: NO FURTHER

Q U E S T I O N S .

Q U ESTIONS BY THE C O U R T :

Q MR. ALBRECHT, WHAT IS A PERFECT SCORE ON THIS

TEST? IS IT 35? DO I GAT H E R  THAT FROM YOUR

EVELYN OVERBECK
O F F IC IA L  CO UR T R E P O R T E R

398 fl



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3 1 8

A

Q

A

TESTIM O N Y ?

35 IS A PERFECT SCORE. WE HAVE NEVER HAD ANYONE 

WITH A PERFECT SCORE. 34 IS THE H I G H E S T  I HAVE 

SEEN.

I GOT THE IMPRESSION FOR THE FIRST TIME THROUGH 

YOUR TES T I M O N Y  THAT THERE WERE A NUMBER OF TESTS, 

AND THIS WAS CATEGORY B OR TEST 8.

TEST B IS THE ONE MRS. MC DONALD SHOWED ME. THAT 

IS THE ONE WE USE. WE ALSO HAVE USED A W O N D E R L I C H  

TEST.

THE COURT: I WISH IT W O ULD

BE CLEARED AT SOME POINT IN THE T E S T I 

MONY AS TO THE NUMBER OF TESTS AND HOW 

THEY ARE UTILIZED. PERHAPS SOME TESTS 

A P P L I E D  IN THE CHEMISTRY FIELD AND 

A N O T H E R  TEST IN ANO T H E R  OPERATION. IT 

ISN'T CLEAR TO THE COURT AT THIS POINT 

HOW THESE VARIOUS TESTS ARE UTILIZED.

THE WITNESS: I THINK SOMEONE

ELSE WOULD HAVE TO. I DON'T GIVE THE 

TESTS MYSELF AT ALL.

MR. WHEAT: MAY I HAVE THIS

ONE QUESTION, YOUR HONOR, IN THIS C O N 

NECTION?

EVELYN OVERBECK
O F F IC IA L  C O UR T R E P O R T E R

39H A



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CROSS E X A M I N A T I O N

BY MR. WHEAT:

Q TO YOUR KNOWLEDGE, MR. ALBRECHT, AT ONE TIME DID 

THE N A T I O N A L  LABOR RELATIONS BOARD EXCLUDE 

PROCESS CONTROL CHEMISTS AND ENGINEERS FROM THE 

BARGAIN ING UNIT, OR DO YOU KNOW?

A WELL, I DON'T KNOW A B O U T  THE W O RKINGS OF THAT 

GROUP. I DON'T KNOW W HAT YOU MEAN BY EXCLUDE.

I KNOW W HAT EXCLUDE MEANS, BUT IN THIS SENSE MAY8E 

YOU COULD C LARIFY THAT.

Q WELL, DO YOU HAVE ANY F A M I L I A R I T Y  WITH THE

N A T I O N A L  LABOR RELATIONS BOARD D E CISION IN C O N 

NEC T I O N  WITH T HISHATTER?

A WELL, I KNOW THAT A G R OUP OF CHEMISTS ARE P E T I 

TIONED TO BE R EMOVED FROM THE B A R G A I N I N G  A G R E E 

MENT AT ONE TIME.

Q AND WAS THERE A H E A R I N G  BY THE N A T I O N A L  LABOR 

R E L ATIONS BOARD?

A THERE WAS A HEARING. I DON ' T  KNOW IF IT WAS WHEN 

THEY P E T I T I O N E D  TO GET OUT OR W H E N  THEY AGAIN HAD 

AN EL E C T I O N  TO.RUM TO THE BA R G A I N I N G  UNIT LATER.

I D O N ’T KNOW.

MR. WHEAT! WELL, ALL RIGHT.

THANK YOU, MR. ALBRECHT.

THE COURT: YOU MAY STEP

EVELYN OVERBECK
O F F IC IA L  C O UR T R E P O R T E R

l  400  ft



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DOWN.

3-2H

THE COURT: CALL YOUR NEXT WITNESS.

FRED L. VAN OSDALL,

RECALLED AS A WITNESS DY THE D E F E N D A N T  COMPANY, HAVING 

BEEN PR E V I O U S L Y  SWORN, T E S T I F I E D  FURTHER AS FOLLOWS:

DIRECT E X A M I N A T I O N

BY MR. BURCH:

Q YOU ARE THE SAME MR. VAN OSDALL WHO TESTIFIED 

EARLIER, ARE YOU NOT?

A I AM.

Q MR. VAN OSDALL, I BELIEVE THIS WAS ESTABL I S H E D

BEFORE, BUT WHAT IS YOUR P O SITION WITH GOODYEAR?

A I AM P E R S O N N E L  M A N A G E R  OF THE HOU S T O N  CHEMICAL 

PLANT.

Q AND TELL THE COURT A G A I N  VERY BRIEFLY WHAT OUR 

DUTIES AND R E S P O N S I B I L I T I E S  ARE.

A WELL, THEY INCLUDE THE ENTIRE RANGE OF PERSONNEL 

AND I N D U STRIAL R E L ATIONS FUNCTIONS, WHICH INCLUDE 

E M P L O Y M E N T  AND THOSE ITEMS RELATED TO EMPLOYMENT; 

I N D U S T R I ALIZATIONS, WHICH INCLUDES UNION RELATIONS. 

I HAD THE A D M I N I S T R A T I O N  Or THE FIRE D E P A R T M E N T

AND THE POLICE DEPARTMENT. I HAVE R E S P O N S I B I L I T Y
EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

40 i(



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IN THE A R E A  OF PLANT PUBLICATIONS, SUGGESTIONS 

FROM EMPLOYEES, RATE SETTING, SALARY EVALUATION, 

THE G E N E R A L  GAMBIT OF INDUSTRIAL RELATIONS AND 

PE R S O N N E L  RELATIONS.

Q DO YOU A L S O  HAVE THE A S S I G N M E N T  IN THE FIELD OF 

EQUAL E M P L O Y M E N T  O P P O R T U N I T I E S ?

A I DO.

Q WHAT ARE YOUR DUTIES AND R E S P O N S I B I L I T I E S  THERE?

A I AM THE D E S I G N A T E D  EQUAL EM P L O Y M E N T  O P P O R T U N I T Y

OFFICER.

Q WHAT IS THE POLICY OF THE GOO D Y E A R  TIRE AND

RUBBER COMPANY R E G A R D I N G  EQUAL EMPLOY M E N T  O P P O R 

TUNITIES AT ITS H O U S T O N  PLANT?

A WELL, THE POLICY IS TO HAVE AN A F F I R M A T I V E  ACTION 

TO PLACE M I N O R I T I E S  IN JOBS AND R E P R E S E N T A T I O N  OF 

THOSE JOBS AT LEAST EQUAL TO THE AREA. IN OTHER 

WORDS, IN THE CASE OF NEGROES OR BLACKS, OUR 

DATA SHOWS THAT 2 9 PER CENT OF THE PO P U L A T I O N  IN 

THE HOUSTON A R E A  ARE NEGROES OR BLACKS, AND WE 

HAVE BEEN W O R K I N G  TOWARDS U T I L I Z I N G  SUCH MI NOR I TIE 

TO THE FULL EXTENT OF THE C A PABILITIES IN THESE 

P O S ITIONS AND T H R O U G H O U T  THE P L A N T .

Q MR. VAN OSDALL, I THINK IT HAS A LREADY BEEN

E S T A B L I S H E D  IN THE RECORD, BUT IS IT A FACT OR 

NOT THAT PRIOR TO S O METIME IN M I D - 1962 THERE WERE

EVELYN OVERBECK _

O F F IC IA L  C O UR T R E P O R T E R

. 1 0 2 0



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3 2 2

NO NEGROES EMPLOYED IN THE DEPART M E N T S  OTHER 

THAN THE LA30R D E P A R T M E N T  AT THIS PLANT.

A THAT IS TRUE.

Q IS THAT TRUE TODAY?

A THAT IS NOT TRUE TODAY.

Q WHAT K\S THE COMPANY DONE ABOUT THAT S I T UATION IN

GENERAL, AND THEN I W ILL ASK YOU SOME SPECIFICS?

A WELL, IN G E N E R A L  WE HAVE C O N S T A N T L Y  ADV A N C E D  P E R 

CENTAGE OF NEGROES IN MOST DEPARTMENTS, PRATICALLY 

ALL DEPARTMENTS, AND HIRED AND R E C R U I T E D  AND 

TRIED TO E S T ABLISH W ITH A F F I R M A T I V E  ACTION P R O 

GRAM TO HAVE THESE NEGROES OR BLACKS IN ALL D E 

PARTMENTS. NOW WE DO HAVE THEM IN ALL DEPARTMENTS 

R E P R E S E N T E D  BY THE OPE R A T I N G  ENGINEERS.

Q HAVE YOU FOUND THE O P E R A T I N G  ENGINEERS IN O P P O S I 

TION TO THIS POLICY OF THE COMPANY OR HAVE THEY 

C O O P E R A T E D ?

A THEY HAVE COOPERATED.

Q IN THIS REGARD HAVE YOU E S T A B L I S H E D  ANY CONTACTS

WITH O R G A N I Z A T I O N S  OR A GENCIES THAT ARE CONSID E R E D  

SOURCES OF MI N O R I T Y  A P P L I C A N T S ?

A YES, WE HAVE.

Q HAVE YOU E S T A B L I S H E D  ANY C O N T A C T  WITH TEXAS

S O UTHERN U NIVERSITY?

A RIGHT.

EVELYN OVERBECK
O F F IC IA L  CO UR T R E P O R T E R

4 o ; i  f t



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Q IS THERE A PERSON THERE WITH W H O M  YOU HAVE TALKED 

OR M A I N T A I N E D  ANY KIND OF R E L A T I O N S H I P?

A DR. TURNER. YES, WE HAVE BEEN PARTICI PAT ING IN 

DR. T U R N E R ’S PROGRAM FOR THE LAST S EVERAL YEARS.

HIS PLAN IS TO GO TO BLACK HIGH SCHOOLS AND 

SELECT YOUNG MEN WHO W O U L D  BE G R A D U A T I N G  AND 

PLACE THOSE YOUNG MEN IN INDUSTRY SO THAT THEY 

COULD GO TO COLLEGE AND ACQUIRE DEGREES IN COLLEGE.

BOTH OUR PLANT IN H O U S T O N  AND OUR PLANT 

IN B E A U M O N T  HAVE P A R T I C I P A T E D  IN THIS PROGRAM,

ALONG WITH OTHER IN D U S T R I A L  PLANTS IN THE AREA,

PLUS NASSA.

Q DO YOU KNOW W HETHER HE R E C E I V E D  AMY APPLICANTS 

THROUGH THAT PROGRAM?

A WE DID LAST SUMMER. IT IS FOR SUMMER EMPLOYMENT.

Q HAVE YOU E S T A B L I S H E D  ANY CON T A C T  WITH THE N A TIONAL

A S S O C I A T I O N  FOR THE A D V A N C E M E N T  OF COLORED PEOPLE?

A I HAVE TALKED TO R E V E R E N D  DAVIS ON THE PHONE.

Q IS THIS R E V E R E N D  C. A N D E R S O N  DAVIS?

A YES. A C T U A L L Y  WE ARE MAKING CONTACTS RECENTLY 

THROUGH CHARLES BEAN, WHO IS ONE OF THE EARLIER 

WI T N E S S E S  FOR THE UNION, WHO HAS MADE CONTACT 

WITH THE N.A.A.C.P. AS WE U N D E R S T A N D  IT IN AN 

EFFORT TO BRING NEGRO OR BLACK APPLIC A N T S  TO OUR 

PLAN.
EVELYN OVERBECK
O F F IC IA L  C O UR T JREFOUTERo- 40 <J 9



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Q HAVE YOU E S T A D L I S H E D  ANY CON T A C T  W ITH ANY P R E 

D O M I N A N T L Y  BLACK AGE N C Y  OF THIS Y . M .C.A.?

A YES. I HAVE TALKED TO THE BRANCH OVER NEAR THE

UN I V E R S I T Y  OF HOUSTON, WHICH I THINK IS D E S I G N A T E D  

AS THE CENTRAL BRANCH, AND THEY HAVE TALKED TO US 

A B OUT APPLICANTS.

Q HAS ANY CONTACT BEEN E S T A B L I S H E D  WITH THE HARRIS 

COUNTY CO M M U N I T Y  ACTION?

A WE HAVE TALKED TO THEM AND THEY HAVE SENT US S E V 

ERAL PROSPECTS, YES.

Q WHO DO YOU DEAL WITH OVER THERE?

A FRANKLY I HAVE NOT HAD PERSONAL CONTACT WITH THAT 

ORGANIZATION. AS I U N D E R S T A N D  THE PERSON IS I 

BELIEVE A LADY BY THE NAME OF MRS. DAVIS, ALSO,

BUT I AM NOT P OSITIVE OF THAT.

Q WHO HAS HAN D L E D  THAT?

A MR. BOSLEY MADE THAT CONTACT.

Q HAVE YOU E S T A B L I S H E D  ANY CONTACT W ITH THE TEXAS

E M P L O Y M E N T  C O M M I S S I O N  FOR MI N O R I T Y  APPLICANTS, AND 

TELL US BRIEFLY HOW THIS OPERATES?

A WE HAVE HAD OUR BEST RESULTS, SO TO SPEAK, FROM 

THE TEXAS E M P L O Y M E N T  COMMISSION. I WOULD HAVE 

TO SAY FROM THE START THAT THE TEXAS E M P L O Y M E N T  

C O M M I S S I O N  CANNOT SEND US ONLY BLACK APPLICANTS, 

BUT THEY SEND US BOTH BLACK AND WHITE, AND FROM

_______________________________________________________________________________________________________________________________________________________________________________________321*___________

“  —  EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

405 H



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3 2 5

THEIR A P P L I C A N T S  WE HAVE SEL E C T E D  A LOT OF 

BLACK EMPLOYEES.

Q DO THEY HOLD THEMSE L V E S  OUT AS HAVING THE A B I L I T Y  

TO SEND OUT BLACK A PPLICANTS, OR WHAT ARE THE 

FACTS THERE?

A THEY DO, AND IN FACT RIGHT NOW W E 'RE TRYING TO 

HIRE BLACK VETERANS OF THE V I E T N A M  WAR AND WE 

HAVE BEEN QUITE SUCCESSFUL.

I NEED TO SAY I AM E S P E CIALLY PLEASED 

WITH TEXAS E M P L O Y M E N T  BEC A U S E  THEY SENT ME MY 

S E C RETARY WHO IS A REAL FIND BLACK PERSON.

Q HAVE YOU E S T A B L I S H E D  C O N T A C T  WITH THE URBAN LEAGUE'’ 

A YES, WE HAVE TALKED TO THEM.

Q WHO HAVE YOU DEALT WITH THERE?

A A MAN I DEALT WITH O R I G I N A L L Y  THERE HAS T R A N S F E R R E D

TO A N O T H E R  OFFICE. THE OFFICE I HAVE BEEN C O N 

TACTING WITH THE URB A N  LEAGUE HAS BEEN ON CAROLINE, 

I E L I  EVE. THEY SENT US AN A P P L I C A N T  WHO IS NOW

ONE OF OUR GUARDS.

Q HAVE YOU E S T A B L I S H E D  ANY CON T A C T  WITH ANY OF THE

P R E D O M I N A N T L Y  BLACK HIGH SCHOOLS IN HOUSTON?

A YES, WE HAVE TALKED T HROUGH MR. BOSLEY TO WHEATLEY, 

TO W ASHINGTON, AND TO A THIRD HIGH SCHOOL.

Q HAVE YOU E S T A B L I S H E D  ANY CON T A C T  WITH W O R T H I N G T O N  

HIGH SCHOOL?

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

.. 40b ft
• « •



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A WITH WORTHI N G T O N ,  YES.

Q IN YOUR PAST E X P E R I E N C E  W ITH THE COMPANY HAVE YOU 

BECOME S O M E W H A T  FAMILIAR WITH THE JOBS THAT EXIST 

IN THE H O U S T O N  C H E M I C A L  PLANT?

A YES. I HAVE E S T A B L I S H E D  THAT THROUGH SEV E R A L  FACET 

OF MY JOB, SO TO S P E A K . OF COURSE, ONE IS WITH 

THE UNION RELATIONS IN W H ICH OVER THE YEARS G R I E V 

ANCES W O U L D  COME UP C O N C E R N I N G  D I F F E R E N T  AREAS. 

A N O T H E R  CONTACT IS SU G G E S T I O N S  W H I C H  COME 

THROUGH WHICH REQUIRE PLANT CHECKING. ANOTHER IS, 

OF COURSE, THE FIRE P R O T E C T I O N  END OF THE BUSINESS, 

WHICH REQUIRES K N O W L E D G E  OF THE AREAS. ANOTHER,

OF COURSE, IS THE M A K E - U P  JOBS FOR RATE D E T E R 

MINATION.

I C E R T A I N L Y  CAN'T ANSW E R  ALL THE 

T E C H N I C A L  Q U E STIONS IN EVERY DEPARTMENT, BUT I 

THINK I MIGHT BE ABLE TO ANSWER THE GEN E R A L  OR 

S U P E R F I C I A L  Q U E S T I O N S  CONCER N I N G  THE DI F F E R E N T

D E P A R T M E N T S .

Q HAVE YOU SPENT A S U B S T A N T I A L  A M O U N T  OF TIME OUT 

IN THE O P E R A T I N G  UNITS AT THE H O U S T O N  C H EMICAL 

PLANT?

A YES, OVER THE YEARS I HAVE.

Q HAVE YOU OBS E R V E D  A S U B S T A N T I A L  NUMBER OF THE

BA R G A I N I N G  UNIT JOBS IN OP E R A T I O N ?

EVELYN OVERBECK
O F F IC IA L  CO UR T R E P O R T E R

v- 4070



YES, I HAVE.

l e t  m e  a s k  y o u  j u s t  a  f e w  q u e s t i o n s  a b o u t  t h e  n a t u :

OF THE PLANT. WHAT IS THE P R I N C I P A L  PRODUCT?

WELL, THE P R I N C I P A L  P R O D U C T  IS S Y N T H E T I C  RUBBER.

IF YOU W I L L  PERMIT ME TO TELL YOU HOW

THE PLANT STARTED —  DO YOU W A N T  ME TO?

LET US IN THE INTEREST OF TIME —  I BELIEVE IT HAS 

BEEN E S T A B L I S H E D  THAT IT WAS BUILT AND OWNED BY 

THE G O V E R N M E N T  DURING W O R L D  WAR II, IS THAT CORRECjT?

RIGHT, 19*»3.

ALL RIGHT. i n  THE M A N U F A C T U R E  OF S Y N T H E T I C  RUBBER 

is IT C ORRECT OR NOT THAT YOU USE AS SOME OF YOUR 

BASIC RAW M A T ERIALS CERTAIN H Y D R O C A R B O N  PRODUCTS?

t h a t  is c o r r e c t .

d i d  t h i s  i n c l u d e  b u t a d i e n e , b - u - t - a - d - i - e - n - e ,

AND STYRENE, S - T - Y - R - E - N -E ?

RIGHT.

ARE THOSE C H E M I C A L S  R E C E I V E D  IN PIPELINES IN MORE 

OPx LESS A CONTINUOUS FLOW?

3 2 7

A YES, THEY ARE.

Q ARE THOSE EXP L O S I V E  AND

A YES, E S P E CIALLY d u t a d i e t

Q HAVE YCU A TANK FARM ON

ENTER?

A VIE DO.

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

4 0 8 f t



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Q W HAT IS THE NEXT STEP IN THE S Y N THETIC RUBBER 

M A N U F A C T U R I N G  PROCESS, JUST VERY BRIEFLY?

A WELL, THERE IS A P R E P A R A T I O N  OF S E C ONDARY MATERIAL! 

SO TO SPEAK, WHI C H  MEANS MA T E R I A L S  OTHER THAN 

THOSE YOU M E N T I O N E D  W H I C H  ARE PREPARED IN A SO- 

CALLED P I G M A  P R E P A R A T I O N  AREA. AFTER THOSE 

MA T E R I A L S  ARE P REPARED THE B U T ADIENE AND STYRENE 

ARE PUMPED INTO A REACTOR AREA.

Q LET ME STOP YOU A L O N G  THE WAY JUST A MOM E N T  FOR A 

LITTLE TERMINOLOGY. THE PIGMA PREPARATION, DOES 

IT OCCUR IN THE B U I LDINGS CALLED THE D BUILDINGS?

A THAT IS CORRECT.

Q HOV/ MANY P R O D UCTION UNITS OR LINES OF UNITS DO 

YOU HAVE AT THE PRESENT TIME?

A WE HAVE THREE SEPARATE PLANTS AND EACH PLANT HAS 

TWO LINES IN IT.

Q ALL RIGHT. NOW, EACH OF THESE THREE PLANTS HAVE 

BASICALLY THE SAME SERIES OF EVENTS THAT TAKE 

PLACE IN THE P R O D U C T I O N  PROCESS?

A THAT IS CORRECT.

Q ARE THE REACTORS YOU M E N T I O N E D  R E FERRED TO S O M E 

TIMES AS THE C BUILDINGS?

A THAT IS CORRECT.

Q TELL US BRIEFLY WHAT KIND OF C H E M I C A L  REA C T I O N

TAKES PLACE THERE AND UNDER WHAT CIRCUMSTANCES.

EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

40H 6



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A IT IS EX O T H E R M I C  REACTION, WHICH MEANS W H I L E  THE 

CHEMICALS ARE R E ACTING THEY GIVE OFF HEAT. WE 

HAVE THE REACTORS OR V ESSELS IN A CHAIN REACTION,

A CO N T I N U O U S  SERIES, SO THESE M A T E R I A L S  ARE 

PUMPED INTO THE FIRST REACTOR AND THERE IS R E 

F R I G E R A T I O N  WHI C H  KEE3 THE R E A C T I O N  TO kl D EGREES 

FOR COLD RUBBER AND THE M A T E R I A L  FLOWS THROUGH 

THAT REA C T O R  AND INTO THE N EXT AND THROUGH FOURTEE 

O R F I F T E E N  REACTORS BEFORE THE R E A C T I O N  IS C O M 

PLETED.

NOW, THIS IS A C H E M I C A L  REACTION, THE 

ACTUAL J O I N I N G  OF THE ATOMS AND M O L E C U L E S  OF THE 

B U T ADIENE WITH THE STYRENE.

Q IF THE COURT WERE TO VIEW YOUR PLANT FROM THE 

HIGHWAY WE SEE SOME RAT H E R  LARGE INSTALLATIONS 

WITH BIG METAL VES S E L S  AND RELATED P I P ’NG AND 

P A R A P H A M E L I A  S O M E W H A T  T Y P I C A L  OF A CH E M I C A L  PLANT.

A YES, T HAT IS THE BASIC NATURE OF IT.

MR. BURCH: YOUR HONOR, I'M 

SORRY THIS IS A LITTLE DISJOINTED. I 

HAVE SOME CHARTS I HAVE NOT MARKED AS 

EXHIBITS. IT M I GHT BE H E L P F U L  TO THE 

COURT AND OTHERS IF I COULD JUST USE 

THEM AS AN EXHIBIT.

THE COURT: ALL RIGHT.

EVELYN OVERBECK
O F F IC IA L  C O UR T R E P O R T E R

■ 4.10ft



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3 3 0

MR. BURCH: COULD WE HAVE

THIS MARKED AS COMPANY EXH I B I T  2 0 /

AND IF I COULD HAND THE COURT AN E X TRA 

COPY.

Q MR. VAN O S D A L L , I WILL LET YOU HAVE THAT IN FRONT 

OF YOU TO ASSIST YOU. I WOULD LIKE TO MAKE THIS 

EXPLAN A T I O N  FAIRLY BRIEF, YET STILL GIVE A R E A S O N 

ABLE PICTURE OF WHAT YOUR PLANT DOES. NOW, R E 

FERRING TO THE CHART AND STA R T I N G  AT THE LE F T - H A N D  

SIDE, HAVE YOU TOLD US BRIEFLY W H A T  HAPPENS THR O U G  

THE AREA WHE R E  V/E SEE THE WORD ’’R E A C TORS"?

A YES, I HAVE.

Q THE PROCESS THAT TAKES PLACE WHERE THESE R E ACTORS 

ARE SHOWN, IS THIS ONE THAT INVOLVES HIGH PRESSURE 

AND HIGH T E M P E R A T U R E S?

A YES.

Q DOES IT INVOLVE THE USE OF STEAM UNDER HIGH PRESSU

A IT DOES, RIGHT.

Q WHAT C L A S S I F I C A T IO N S  OF EMPLOYEES WORK IN THE

ARCA W H ERE THE REACTORS ARE?

A THESE ARE S O - C A L L E D  REACTOR OPERATORS, OR A N O T H E R

TERM IS P L U M B E R I Z A T I O N  OPERATORS. I BELIEVE 

PLUMBER IZAT I ON OP E R A T O R  APPEARS IN THE CONTRACT.

Q ALL RIGHT. IN THE AREA TO THE LEFT THAT YOU TOLD

US ABOUT EARLIER WHERE YOU HAVE THE PIGMENT

EVELYN OVERHECK
O F F IC IA L  C O UR T R E P O R T E R

4 1 1  /?



3 3 1

1 OPERATION, W HAT C L A S S I F I C A T I O N  OF EMPLOYEES

2 WORK THERE?

3 A THOSE ARE T R A N S F E R  P U M PHOUSE OPERATORS. I B E L I E V E

4 t h a t  i s THE WAY THE TITLE APPEARS, TRA N S F E R  PUMP-

5 h o u s e  o p e r a t o r .

6 <5 WHAT C L A S S I F I C A T I O N  OF W O R K  IN THE TANK FARM DO

7 THEY DO? W HAT IS THE P R O D U C T  THEN FROM THE AREA

• WHERE THE REACTORS ARE LOCATED?

9
A WELL, THIS IS THE S Y N T H E T I C  RUBBER LATEX. IN

10
OTHER WORDS, THIS IS P R O DUCING SYNT H E T I C A L LY ,

11
WHICH IS P R ODUCED FROM A RUBBER TREE OR THE

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RUBBER TREE PRODUCES A N A T U R A L  LATEX. HERE WE 1

13
ARE P R O DUCING THROUGH C H E M I C A L  R E A C T I O N  A S Y N T H E T I C

14 l a t e x .

. 15
q  DO THE O P E RATORS W H O  W ORK IN THE R EACTOR AREA

16
READ AND USE AND RECORD D A T A  FROM V ARIOUS KINDS

17 OF INSTRUMENTS?

18 A YES. THAT IS THEIR BASIC JOB.

•
q DO THEY M A N I P U L A T E  CO N T R O L S  AND VALV E S  AMD THE

20
VARIOUS M E C H A N I S M S  THAT C O N T R O L  THIS UNIT IN ITS

21 OPERATION?

22 A RIGHT.

23
Q DO THEY USE AND DEAL W I T H  W R I T T E N  S P E C I F I C A T I O N S

24
AND O P E R A T I N G  MANUALS?

25
A YES. IF I MIGHT SAY, I W O U L D  W A N T  TO E X P L A I N  TO j

------ ----- ----------------E V E L Y N  O V E R  H E C K
O F F IC IA L  COURT R E P O R T E R

l. . 4 1 2 / 1



YOU THAT WE PRODUCE D I F F E R E N T  TYPES OF RUBBER 

FROM WEEK TO WEEK OR MONTH TO MONTH, SO IT ISN*T 

ALWAYS THE SAME FLOW OR THE SAME M A T ERIALS THAT 

ARE GOING THROUGH THIS CHANGE. THE SPECIFICATIONSj 

SET FORTH WHAT CHANGES THEY HAVE TO MAKE.

NOW, IN A D D I T I O N  TO THAT, A LTHOUGH OUR 

BASIC FLOW IS CONTINUOUS, AS I E X P L A I N E D  TO YOU,

WE DO PRODUCE SOME RU33ERS W H I C H  ARE BATCH O P E R A 

TION, AND THE BATCH O P E R A T I O N  MEANS THAT THE 

REACTOR IS CHARGED AND THE R E A C T I O N  IS C O M PLETED IN| 

THAT ONE V E S S E L  BEFORE IT IS DUMP E D  AND THEN THE 

VESSEL IS CHARGED AGAIN, AND SO ON. LOOKING AT 

THE CHART IT MIGHT APPEAR TO BE SIM P L E R  THAN IT 

IS IN A C T U A L  PRACTICES.

DO EMERGENCIES OCCUR FROM TIME TO TIME IN THIS

AREA?

THAT IS TRUE.

DO THEY INVOLVE AMY DEGREE OF DANGER TO THE PLANT

OR P E R S O N N E L ? '

YES. I SHOULD EXP L A I N  TO YOU THAT NOT TOO LONG 

AGO OUR NE I G H B O R  O R G A N I Z A T I O N  PLANT HAD AN E X 

PLOSION.

ALL RIGHT. IN THE INTEREST OF TIME, LET ME MOVE 

YOU ALONG AS RAPIDLY AS V/E CAN HERE.

OKAY .

E V E L Y N  O V E R B E C K
O F F IC IA L  COURT R E P O R T E R

4 1 ; s fi



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3 3 3

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

THERE IS AN INDICATION ON THIS CHART OF A RE F R I G E R A  

TION COMPRESSOR. DOES THIS EQ U I P M E N T  THAT IS 

SY M B O L I Z E D  HERE R E F R I G E R A T E  SOME GAS OR SOME 

MATERIAL?

AMMONIA.

IS THAT USED IN THE R E ACTION PROCESS?

IT IS USED TO R E F R I G E R A T E  OR COOL THE VESSELS.

WHAT C L A S S I F I C A T I O N S  OF EMPLOYEES WORK IN C O N N E C 

TION WITH R E F R I G E R A T I O N  EQUIPMENT?

THOSE ARE UTILITY OPERATORS.

WHAT DEGREE OF SKILL OR ABILITY IS REQUIRED IN 

THAT O P E R A T I O N  AND W H A T  KIND OF WORK, BRIEFLY?

WELL, IN GEN E R A L  OR JUST THE G R E A T E S T  COMPARISON 

I WOULD SAY WOULD BE TO A STATIO N A R Y  ENGINEER.

THEIR SKILL OR ABILITY WOULD A P P R O X I M A T E  THE 

UTILITY OPERATORS WHO ARE R ESPONSIBLE FOR THE 

ENGINES AND COMPRESSORS.

THESE ENGINES AND C OMPRESSORS ARE A P P R O X I M A T E LY  

LARGER THAN AN AUTOMO B I L E ?

YES .

THE TOTAL MACHINE?

YES .

DO THESE EMPLOYEES WORK WITH W R I T T E N  JOB S P E C I F I C A 

TIONS AND THE MANUALS AND INSTRUCTIONS?

THAT IS TRUE.

EVELYN
0FF1C1 ICl 1/

411 ft
OYERHECK 

r r r  r e p o r t e r



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l A k

Q THE EMPLOYEES IN THAT WORK ARE IN THE UTILITIES 

DEPARTMENTS, ARE THEY NOT?

A THAT IS RIGHT.

Q ALL RIGHT. NOW, IF I MAY GO BACK AND ASK YOU TO 

TELL US WHAT HAPPENS WITH THE OUTPUT THAT COMES 

IN FROM THE REACTOR AREA, THIS SY N T H E T I C  LATEX, 

WHERE DOES IT GO AND WHAT IS DONE THERE?

A OKAY. R E A C T I O N  IS A P P R O X I M A T E L Y  75 TO 80 PER CENT 

COMPLETED. IT GOES FROM THE REACTORS TO THE B L O W 

DOWN, AND THEN, WHICH RELEASES THE PRESSURE OF 

THE REACTORS, AND THEN IT GOES TO THE NEXT LINE 

TO THE RIGHT, WHICH IS CALLED THE BU T A D I E N E  FLASH 

TANK AND BU T A D I E N E  V A C U U M  FLASH TANK, WHICH 

MEANS THAT THIS LATEX, PLUS THE U N R EACTED MONOMERS 

ARE FED THROUGH THIS LINE AND THE BU T A D I E N E  FLASHES 

OFF, BECAUSE AT NOR M A L  T E M P E R A T U R E S  AND PRESSURES 

IT IS A GAS, SO THE BUTADIENE FROM THAT POINT IS 

TAKEN BACK TO A RECYCLE, WHICH MEANS THAT IT COMES 

OVER HERE TO THE LEFT-HAND SIDE OF THE PAGE AGAIN 

TO BE FED BACK INTO THE PROCESS.

NOW, THIS STYRENE, OR THE LATEX AGAIN, 

THIS CHARGE STREAM IS FED INTO THE COLUMN WHICH 

IS SHOWN AS THE STYRENE S T R IPPING COLUMN AND COMES 

DOWN OVER THESE TRAYS, AND STEAM IS FED UP THROUGH

THE TRAYS UP THROUGH THESE D I F F E R E N T  LAYERS OF

E V E L Y N  O V E R H E C K
O F F IC IA L  COURT R E P O R T E R

■ ■ 415/1



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TRAYS WHICH HAVE HOLES IN THEM, IN THE PLATES,

AND THIS STEAM CARRIES THE STYRENE, THE U N R EACTED
|

STYRENE, UP THROUGH THE TOP OF THE COLUMN AND OF 

COURSE TO THE RIGHT IS SHOWN A STYRENE DECANTER 

AND THE STYRENE THEN GOES BACK TO RECYCLE. IT 

IS SHOWN AT THE BOTTOM OF THE PAGE.

SO THIS IS THE RE C O V E R Y  AREA, MEANING 

THAT THE BUTADIENE AND STYRENE WHICH HAVE NOT 

BEEN COM B I N E D  ARE R E C OVERED TO GO BACK INTO RECYCL!: 

AND COME BACK THROUGH THE PROCESS AGAIN.

Q AND IF YOU H A V E N ’T A LREADY SAID, W HAT C L A S S I F I C A 

TIONS OF EMPLOYEES WORK IN THE AREA, RECOVERY 

AREAS?

A THESE ARE RECOVERY OPERATORS. I D O N ’T HAVE A 

CONTRACT IN FRONT OF ME, BUT I THINK IT SAYS 

M O N O M  RECOVERY.

Q MAY I HAND THE WITNESS A CONTRACT.

MR. VAN OSDALL, IS THIS A R E A  WHERE THE 

R E C O V E R Y  OPERATORS COME TAKE PLACE SOMETIMES IN
I

R E FERRED TO AS THE B BUILDING?
I

A B, THAT'S RIGHT.

Q IS IT C O R R E C T  THE EMPLOYEES IN THIS AREA THEN

ARE DEA L I N G  WITH HYDROC A R B O N S  SIMILAR TO THOSE?

A THAT IS TRUE.

Q HOW WOULD THESE TYPES OF DUTIES OF THE RECOVERY

E V E L Y N  O V E R H E C K
, O F r t \C < \ \ fy r r t \ l< T  R E P O R T E R

______________________________________________________________________________________ 3 3 J .



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3 36

O P E RATORS COMPARE WITH THOSE IN THE REACTOR AREA? 

A VERY SIMILAR.

Q DOES IT INVOLVE THE USE OF WRI T T E N  SPEC I F I C A T I ON S  

AND OP E R A T I N G  M A N U A L S , FOR EXAMPLE?

A YES, IT DOES.

Q DO THEY DEAL IN HIGH PRESSURES AND HIGH T E M P E R A 

TURES?

A THEY DO.

Q ARE THERE E MERGENCIES FROM TIME TO TIME THAT

INVOLVE DANGER TO LIFE OR EQUIPMENT?

A VERY DEFINITELY.

Q IS IT NECESSARY THAT THE EMPLOYEES IN THIS AREA

U N D E R S T A N D  THE O V E R - A L L  OP E R A T I O N  OF THE AREA?

A IF THEY D I D N ’T THEY C O U L D N ’T PERFORM THEIR WORK 

SATISFACTORILY.

Q NOW, I NOTICE THAT THERE ARE A NUMBER OF LINES 

AND INDICATIONS OF E Q U IPMENT ON THIS CHART. DO 

THESE IN ANY WAY INDICATE THE TOTAL AMOUNT OF 

E Q U IPMENT THAT IS INVOLVED, FOR EXAMPLE, IN THE 

RECOVERY AREA?

A NO. THESE ARE JUST THE PRINCIPAL. THERE IS A 

LOT OF A U X ILIARY E Q U IPMENT THAT THERE IS NO A T 

TEMPT MADE TO SHOW HERE.

Q IS IT CORRECT OR NOT THAT IN THE RECOVERY AREA,
i

FOR EXAMPLE, THERE ARE NUMEROUS PUMPS AND

E  V E L Y  N  0  \ ' E E  H E C K
O F F IC IA L  COURT RF.FORTF.R



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3 3 7

C O MPRESSORS?

A YES, SURELY.

Q IN NORM A L  OPERATIONS ARE THOSE FLOWS AND STREAMS 

OF MATERIALS AND STEAM THAT ARE ALL INTERRELATED 

AND HAVE TO OPERATE AT PROPER LEVELS?
!

A RIGHT.

Q IS IT N E C ESSARY THAT THE OPERATORS IN THIS AREA 

KNOW AND BE FAMILIAR WITH THE NATURE OF THAT 

PROCESS?

A YES, UNLESS THEY DO THEY C A N ’T DO IT SAFELY OR 

AC C O R D I N G  TO SPECIFICATIONS.

Q NOW, TO THE RIGHT OF THE AREA WE HAVE BEEN TALKING 

ABOUT THERE IS SOME EQ U I P M E N T  UP AT THE TOP. I 

SEE A SYMBOL AND WORD ’’STABIL I Z E R "  AND "LATEX 

BLEND TANK".

A RIGHT.

Q THAT EQ U I P M E N T  AND E V E R YTHING UNDER IT AND TO

THE RIGHT OF IT, IS THAT IN THE FI N I S H I N G  AREA?

A THERE IS.

Q THERE HAS BEEN REFERENCE TO A ROAD. IS THERE A 

ROAD BETWEEN THE RECOVERY AREA AND THE FINISHING 

AREA?

A YES, A PLANT ROAD.

Q IS THE F I N ISHING AREA SOMETIMES REFERRED TO AS

THE A BUILDING?

EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

418ft



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A YES, IT IS. I

Q VERY BRIEFLY, WHAT OCCURS IN THE FINISHING / U e A?

A WELL, THE FINISHING A R E A  RECEIVES LATEX, WHICH IS 

SHOWN AT THE TOP AS THE LATEX P RELIMINARY TANK, 

AND THEY HAVE TO FINISH IT, WHICH TO US MEANS 

THEY HAVE TO COAGULATE IT OR BRING IT INTO SOLID 

FORM OR CRUMB FORM AND THEN DR A V/ THIS CRUMB AND 

BALE THE CRUMB AND PACKAGE IT AND RELEASE IT TO 

THE S HIPPING DEPARTMENT.

Q IN THIS AREA IS THERE A JOB CALLED C O A G U L A T I O N

OPERATOR?

A THERE IS.

Q WOULD HE DEAL WITH THE LATEX BLEND TANKS, THE

COAGULATOR, THE FILTER AND THE OTHER EQ U I P M E N T

THAT IS LISTED THERE?

A A C TUALLY THE SOLUTIONS OPERATOR WHI C H  IS ABOUT

HALFWAY DOWN THE LIST ON PAGE 59, HAS THE R E 

S P O N S I B I L I T Y  OF THE LATEX BLEND TANKS, BUT THEN 

WHEN THE LATEX IS CHECKED AND REL E A S E D  BY THE 

L A B O RATORY IT GOES TO C O A G U L A T I O N  AND AT THAT

POINT THE COAGULATOR OPERATOR OR THE C O A G U L A T I O N
I

OPE R A T O R  HAS THE R E S P O N S I B I L I T Y  OF SEEING THAT 

IT IS C O A G ULATED AND WAS H E D  AND FILTERED. THEN 

IT GOES TO THE DRYER.

Q DOES THE DRYER OP E R A T O R  OPERATE THE DRYER?

EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T R R

■ 4 i  a/?



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A RIGHT. HE OPERATES TWO DRYERS. I

Q TELL THE COURT AN INDICATION OF THE SIZE OF 'THESE 

DRYERS, PLEASE.

A WELL, THIS ROOM W O ULD PROBABLY HOLD TWO SIDE BY 

SIDE.

Q WOULD IT PRETTY WELL FILL THE ROOM?

A YES, ESPECI A L L Y  OUR DRYERS IN A-3 AND A-6.

Q FOR SOMEONE WHO READS THIS RECORD LATER, COULD YOU

GIVE US AN INDICATION OF HOW MANY FEET OR YARDS 

YOU ARE TALKING ABOUT, ROUGHLY?

A OF THE DRYER?

Q YES.

A WELL, I WOULD ESTIMATE THAT EACH DRYER IS PROBABLY 

75 FEET LONG AND 25 TO 30 FEET HIGH.

Q A P P R O X I M A T E L Y  HOW WIDE?

A AND I WOULD SAY 15 TO 20 FEET WIDE.

Q ONE OF THE WITNESSES EARLIER TODAY SAID THAT

THERE IS NOTHING TO O P E RATING THIS DRYER EXCEPT 

PUSHING A BUTTON TO START IT AND PUSHING A BUTTON 

TO STOP IT. WOULD YOU AGREE WITH THAT D E S C R I P T I O N
I

A I CE R T A I N L Y  NEVER HAD THAT IMPRESSION BEFORE.
I

THAT ISN'T MY EXPERIENCE. THE DRYER PROBLEM IS 

FIRST YOU HAVE TO RETAIN D I S T R I B U T I O N  OF THE 

CRUMB ACROSS THE APRON. THERE ARE THREE FLIGHTS 

IN MOST OF OUR DRYERS, WHICH MEANS THERE ARE A

EVELYN OVERHECK
O F F IC IA L  W O R T  R E P O R T E R

-  4 ‘2 0/|



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CONVEYOR C ARRYING THE FLIGHTS OR THERE IS AN 

A P R O N , SO TO SPEAK, TO CARRYING THE ONE D I R E C T I O N  

WHICH YOU MIGHT SEE IN THE DRAWING THERE, AND 

THEN A RETURN IN THE MIDDLE AND THEN A FINAL 

PASS AT THE LOWEST LEVEL.

NOW, A PROPER DRYING RESULTS IN DRY 

RUDDER. IT ALSO RESULTS IN MO PLUG-UPS, AND YOU 

MIGHT HAVE HEARD TESTIMONY ABOUT G R I E V A N C E  C O N C E R N 

ING PLUG-UPS WHICH OCCUR IF THE DRYER O P ERATOR IS 

NE G L I G E N T  AND DOES NOT WATCH THE D I S T R I B U T I O N  OF 

THE CRUMB ACROSS THE WIDTH OF THE APRON OR THE 

CONVEYOR.

Q IS THE DRYER O PERATOR R ESPONSIBLE TO M A INTAIN

THE PROPER T E M P E R A T U R E S  AND O P E R A T I N G  CONDITIONS 

FOR THESE TWO LARGE DRYERS?

A RIGHT. THAT IS HIS RESPONSIBILITY.

Q IS THERE SOME A U X I L I A R Y  OR RELATED MA C H I N E R Y

AND E Q U I P M E N T  ON THIS DRYER THAT IS NE C E S S A R Y  TO 

ITS NOR M A L  OPERATION?

A OF COURSE ALL THE E Q U IPMENT WHICH MAKES THE APRONS

MOVE ARE HIS R E S PONSIBILITY, THE O P E R A T I O N  OF
I

THEM. ALL THE EQ U I P M E N T  WHICH MAKES IT, CREATES 

THE HEAT IN THE DRYER, WHICH ARE GAS FIRED DRYERS 

IN SOME OF OUR BUILDINGS, ARE HIS RESPONS I B I L IT Y ,  

THE O P E R A T I O N  OF THEM. HE HAS SUCH THINGS TO DO

3*+0

E VELYN 0  VEltBECK
O F F IC IA L  CQCHT RF.FORTF.R

42 ifl



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AS RAKING FINES, WHICH MEAN FINE PARTICLES DROPPED
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THROUGH THE CONVEYOR HOLES AND HE HAS TO RAK'E 

THEM OUT PERIODICALLY. HIS JOB ENTAILS THIS 

G E N E R A L  RESPONSIBILITY.

Q ON A ROUTINE SHIFT WHERE NOTHING HAPPENS COULD A 

MAN SPEND MOST OF HIS SHIFT AND NOT DO VERY MUCH 

EXCEPT WATCH AND PUSH BUTTONS OR NOT?

A WELL, VERY PROBABLY IF NOTHING W ENT W R ONG AND IF 

HE HAD NO CHANGES TO MAKE IN TYPES OF RUBBER HE 

WAS DRYING, HE ALWAYS HAS TO RAKE FINES, HOWEVER, 

SINCE THEY A C C U MULATE EVERY SHIFT.

Q DOES CHANGES INVOLVE DUTIES AND R E S P O N S I B I L I T I E S

ON THE PART OF THE OPERATOR?

A YES.

Q DOES HE HAVE TO KNOW THE PROCEDURES AND HAVE

SOME F A M I L I A R I T Y  WITH SPEC I F I C A T I ON S  AND O P E R A T 

ING PROCEDURES TO MAKE THESE CHANGES?

A YES, HE HAS TO KNOW SETTINGS, AND I SHOULD SAY 

HE HAS THE S P E C I F I C A T I ON S  TO REFER TO. IT IS

NOT ALL MEMORY, BUT HE HAS TO KNOW MOW TO READ
I

THE S P E CIFICATIONS, SO ON.
I

Q TO THE RIGHT OF THE DRYER THERE IS A BALER AND 

A WEIGH SCALE. DOES THE BALER OP E R A T O R  OPERATE 

IN THAT AREA?

A THAT IS CORRECT. THAT IS HIS RESPONSIBILITY.

E VEL) N 0 1 ’EliHEA K
O F F IC IA L  COURT R E P O R T E R

4 2,? A

_________________________________________________________________  3 1* 1



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Q VERY BRIEFLY, DOES HE OPERATE THE E Q U IPMENT 

THAT CONVEYS THE RUBBER AWAY FROM THE DRYER !

AND WASTE? !

A YES .

Q IS THERE A GOOD BIT OF M E C H A N I C A L  EQ U I P M E N T  IN

VOLV E D  IN THAT PROCESS?

A YES, THERE IS QUITE A BIT.

Q IS HE R E S P O NSIBLE FOR OPERATING IT?

A HE IS.

Q THEN THERE IS E Q U IPMENT IDENTIFIED AS P O LYETHYLENE

W R APPING AND SEWING MACHINE. BRIEFLY TELL US WHAT 

THE BALER HELPER DOES IN THAT AREA?

A WELL, THE BALER H E L P E R ’S JOB IS TO A CTUALLY -- HE 

IS TO SOME EXTENT A HELPER TO THE BALER OPERATOR. 

NOW, IN MANY TIMES HIS WORK WILL BE CON F I N E D  TO 

THE PACKAGING. NOW, WE PACKAGE RUBBER IN D I F F E R E N ” 

TYPES, ONE BEING TO PUT IT INTO BOXES OR CRATES, 

A N O T H E R  BEING TO PUT IT IN CARTONS, ANOTHER BEING 

TO SEW IT INTO PAPER BAGS AND SEW THE OPEN END.

THAT IS THE S O - CALLED PACKAGING FUNCTION WHICH
I

' IS PE R F O R M E D  BY MANY BALER HELPERS EIGHT HOURS A 

DAY.

NOW, OTHER BALER HELPERS ARE ASKED TO 

OR A S S I G N E D  TO JOBS LIKE -- THIS WAS ME N T I O N E D

EARLIER -- CERTIFYING, WHICH MEANS TO INSPECT THE

3 4  2

EVELYN OYER HECK
O F F IC IA L  C O UR T R E P O R T E R

423 ft



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RUBBER VIS U A L L Y  AT VARIOUS POINTS.

Q LET KE INTERRUPT, MR. VAN OSDALL, AT THAT POINT,

AND I WILL ASK YOU THIS: IS THE ENTIRE PRODUC T I O N

PROCESS THAT IS SHOWN ON THIS CHART ONE SEN I O R I T Y  

D E P A R T M E N T  C O MPOSED OF JOBS ON PAGE 59 OF THE 

CONTRACT?

A IT IS.

Q UNDER NOR M A L  CONDITIONS WOULD AN EM P L O Y E E  FIRST

ENTER THE PRODUC T I O N  D E P A R T M E N T  ON THE EALER HELPER 

JOB?

A NOT ONLY NORMAL, BUT ON A C O N S T A N T  C O N D I T I O N  HE 

WOULD.

Q DO YOU KNOW OF ANY EMPLOYEES WHO EXCEPT FOR THE 

START UP OF THE PLANT BACK IN WAR YEARS HAVE 

ENTERED THIS P R O D U C T I O N  PROCESS OTHER THAN AS A 

BALER HELPER?

A I KNOW OF NONE.

Q AND IN THE NORMAL O P E R A T I O N  OF THE SENIORITY S Y S 

TEM UNDER THE UNION C O N T R A C T  DOES THE EMP L O Y E E  

HAVE O P P O R T U N I T Y  TO PROCEED FROM BALER HELPER, 

G E N E R A L L Y  SPEAKING, OVER ON THE L E F T-HAND SIDE OF 

THIS PAGE TO OTHER JOBS?

A AS THE OPTION OCCURS.

Q AS OPTIONS OCCUR, DOES HE HAVE THE RIGHT TO E X E R 

CISE HIS O P T I O N  TO BID AREAS IN THE R ECOVERY AREA?

5*»3

EVELYN OVEHUECK
O F F IC IA L  COURT RKFORTER

- 424 ft



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A HE DOES.

Q AN A R E A  WHERE HE WOULD N O RMALLY EXERCISE THE SKILLS 

AND R E S P O N S I B I L I T I E S  OF A CHE M I C A L  OPERATOR, IS 

THAT CORRECT?

A THAT IS CORRECT.

Q IN YOUR JUDGMENT, BASED ON YOUR EX P E R I E N C E  WITH

THE COMPANY IN THIS PLANT, IS IT N E C ESSARY FOR 

AN E M PLOYEE ENTERING THIS D E P A R T M E N T  TO BE ABLE 

TO READ AND WRITE AND HAVE A RE A S O N A B L E  AMOUNT 

OF LEARNING ABILITY?

A YES, IT IS.

Q MR. VAN O S D A L L , I HAVE EARLIER MARKED ON A COPY

OF THAT CHART, PUTTING THESE TERMS, THE NAME OF 

THE BUILDINGS IN THE AREA, AND I WANT TO SHOW IT 

TO YOU AND ASK IF I HAVE G E N ERALLY IDENTIFIED 

THESE ACCURATELY.

A YES .

MR. BURCH: YOUR HONOR, I

WOULD LIKE TO SU B S T I T U T E  THIS WITH A 

COPY OF THE MARKED, AND I W ILL MARK 

OTHER COPIES AND I WOULD LIKE TO OFFER 

THIS IN EVIDENCE AS COMPANY EXHIBIT 20.

• THE COURT: AT THIS TIME WE

WILL TAKE A RECESS AND YOU W ILL CONFER

WITH OTHER COUNSEL DURING THE RECESS.

EVELYN OVERHECK~
O F F IC IA L  COURT R E  ROUTER

425 ft



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WE WILL TAKE A F I F T E E N - M I N UT E  RECESS.

3 ^ 5

(SHORT RECESS.)

Q (MR. BURCH) MR. VAN OSDALL, LET ME REFER YOU

BACK TO THIS CHART ON THE PRODUC T I O N  PROCESS AND 

THE A R E A  WHERE YOU HAVE TESTIFIED THERE ARE 

U T I LITIES OPERATORS. I WILL ASK YOU WHE T H E R  THOSE 

E M P LOYEES WHO OPERATE THE R E F R I G E R A T I ON  E Q U I P 

MENT ARE IN A S E PARATE SENIORITY GROUP?

A THEY ARE.

Q ALL RIGHT. THAT IS THE UTILITIES DEPARTMENT?

A YES .

Q MR. VAN OSDALL, IF AN EMPLOYEE ENTERED THIS D E 

PA R T M E N T  WITH A S U B S T A N T I A L  AMOU N T  OF PLANT 

S E N I O R I T Y  CREDITED TO HIM THAT HE COULD USE AS 

D I V I S I O N A L  SENIORITY, FOR EXAMPLE, IF A MAN ENTERE 

THIS D E P A R T M E N T  OR THIS UNIT HERE WITH SOME TWENTY 

YEARS' SENIORITY, UNDER THE LABOR CONTRACT AND 

UNDER THE SENIORITY SYST E M  AS IT OPERATES W O ULD 

HE BE E N TITLED TO BID FOR ANY JOB THAT IS D E PICTED 

HERE?

A YES, WITH THE EX C E P T I O N  OF THIS UTILITIES JOB

WHICH YOU JUST REF E R R E D  TO RIGHT NOW, WHICH COVERS 

THIS R E F R I G E R A T I O N  AREA ABOUT IN THE CENTER OF

THE PAGE, IN THE LOWER HALF OF THE PAGE. WITH

EVELYN OYER HECK
O F F IC IA L  CO CU T KFFOHTF.R



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3M 5

THAT E X C EPTION HE WOULD BE ABLE TO BID ON ANY 

O P E RATING JOB THAT WE HAVE DIS C U S S E D  AND SHOWN ON 

THIS SHEET.

Q AND UNDER THE C O N T R A C T U A L  SENIORITY SYSTEM WHAT 

WOULD THE COMPANY RIGHTS BE IN E V A L UATING THESE 

Q U A L I F I C A T I O N S ?

A THE COMPANY RIGHTS W O U L D  BE AS DEFINED BY THE 

UNION CONTRACT, AND THE UNION C ONTRACT SAYS IN 

EFFECT IF WE CONTEND THE MAN IS NOT WORTHY OF 

A TRIAL OR NOT Q U A L I F I E D  FOR A TRIAL THE ONLY WAY 

THAT WE CAN KEEP HIM FROM BEING GIVEN A TRIAL 

IS BY A MUTUAL A G R E E M E N T  WITH THE UNION, AND IN 

ALL PRACTICAL PURPOSES THEN THE E M PLOYEE WILL, 

WELL, BE FORCED TO GIVE THE EMP L O Y E E  A TRIAL ON 

ANY OF THESE JOBS THAT T>U HAVE DISCUSSED.

Q DOES THE UNION F R E Q UENTLY MU T U A L L Y  AGREE WITH THE 

COMPANY TO NOT GIVE EMPLOYEES A TRIAL?

A I HAVE NEVER R ECALLED OF ANY CASE W H ERE THEY HAVE 

AGR E E D  WITH US.

Q INCIDENTALLY, IT HAS BEEN SUGGESTED OR IMPLIED

TODAY THAT MR. TEAGUE AND PERHAPS OTHERS WHO R E P 

RESENT THE UNION HAVE BEEN FAIRLY EASY TO DEAL 

WITH. IS THAT C O R R E C T  OR NOT, FROM THE COMPANY'S 

POINT OF VIEW?

A I NEVER C O N S I D E R E D  IT SO. I DO WANT TO SAY, MR.

EVELYN OYER liECK
O F F l ( ' L \ L ^ Q J ’I’T  UKFOHTHit

V



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Q

A

Q

A

3 *+ 7

BURCH, IF I MAY THERE IS ANOTHER JOB INVOLVED 

HERE, WHICH IS VERY ME A N I N G F U L  TO US. THIS IS 

A P R O D U C T I O N  BALANCE O P E R A T O R ’S JOB, WHICH IS 

LISTED ON PAGE 50. THE PR O D U C T I O N  BALANCE O P E R A 

TOR NOT ONLY MAS TO KNOW EACH OF THESE JOBS, HE 

HAS TO LEARN ALL OF THEM, AND HE HAS TO LEARN ALL 

OF THEM BECAUSE HE IS THE VAC A T I O N  RELIEF MAN AND 

IN A C T U A L  PRACTICE WHAT IS H A P PENING I T ’S THAT 

THESE EMPLOYEES REQUIRE SOME SERVICE AS A BALER 

HELPER AND A BALANCE O PERATOR JOB WILL HERE 

OPEN AND THEY WILL BID THAT. MR. HOBSON, WHO IS 

CITED IN A CASE HERE AS THE DRYER OPERATOR, IT IS 

MY U N D E R S T A N D I N G  HE IS A C TUALLY A PRODUCTION B A L 

ANCE O P E R A T O R  AND THEN NEXT WEEK S O M ETHING ELSE. 

HE WOULD HAVE TO KNOW ALL THE JOBS IN ALL THE

P L A N T S .

IS IT YOUR TESTIMONY THAT RELATIVELY JUNIOR E M 

PLOYEES IN ACTUAL O P E R A T I O N  HAVE THE O P P O R T U N I T Y

TO BID ON P R O D UCTION BALANCE O P E RATOR?

RIGHT.

HOW DO YOU A C C O U N T  FOR THAT, WHAT IS THE SITUATIONS 

WELL, THE REASON IT IS SO IS BECAUSE SOME OF 

THESE OPERATORS, SOME OF THESE A R R A I G N M E N T S  ARE 

C O N S I S T E N T  FROM ONE WEEK TO THE NEXT, AND FRANKLY 

THE WORK LOAD IS NOT AS GREAT. THE SCHEDULE IS

EVELYN OVERHECK
O F F I C E  f a C U V R T  R E F O R T R R



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ALWAYS THE SAME. THEY ALWAYS KNOW WHAT DAYS OFF 

THEY ARE GOING TO H A V E , AND SO ON.

IN CONTRAST TO THAT, THE PRODUC T I O N  B A L 

ANCE OP E R A T O R  HAS TO WORK THE JOB AND THE SCHEDULE 

OF THE MAN HE IS RELIEVING, AND THIS IS NOT A 

CON S T A N T  PATTERN OF SCHEDULES HE FOLLOWS. SO THE 

WAY IT WORKS OUT IS THE PRODUCTION BALANCE O P E R A 

TOR, AL T H O U G H  HE IS PROBABLY ONE OF THE MOST 

IMPORTANT OPERATORS TO OUR JOB, BECAUSE OF THESE 

DE T R A C T I O N S  OR D I S A D V A N T A G ES  IT BECOMES ONE OF 

THE LEAST DESIRABLE JOBS AND HENCE FILLED BY THE 

LEAST EXPERI E N C E D  OR THE NEWEST OPERATORS.

Q TELL ME THE NATURE OF THE WORK OF THE C L EAN-UP 

CREW?

A WELL, THE CLEAN-UP CREW INVOLVES THE CLEANING

OF THE VESSELS PR INCI P A L L Y .A LARGE PART OF THEIR 

WORK IS DEVOTED TO THE REACTOR AND RECOVERY AREAS 

WHERE THESE VESSELS, FOR EXAMPLE, THE STRIPPING 

COLUMN BECOMES FILLED WITH GUMMY SUBSTANCES WHICH 

NEED TO BE CLEANED FROM THE PLACE IN ORDER THAT 

THE ST R I P P I N G  COLUMN CAN FUNCTION, AND THE C L E A N 

UP CREW WILL HAVE TO GET INSIDE THAT VESSEL AND 

USE STEAM GUNS OR OTHER EQUIPMENT WE PROVIDE FOR 

THEM AND CLEAN THE INSIDES SO THAT IT CAN BE PUT 

BACK IN OPERATION.

3 ^ 8

EVELYN OVERHECK
O F F IC IA L  COURT HKFORTER

4J2U a



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34 9

Q DO THE MEN C L A S S I F I E D  AS CLEAN-UP CREW WORK 

THE DAY SHIFT? 1
I

A P RACTICALLY ALL OF THEM, WITH THE EXCEPTION OF 

TWO OR THREE.

Q DO THEY WORK MONDAY THROUGH FRIDAY AND GEN E R A L L Y  

THE D A Y L I G H T  HOURS?

A THEY DO. THAT IS THEIR SCHEDULE.

Q IN ACTUAL O P E RATION AND PRACTICE HAVE RELATIVELY

SENIOR MEN CO N S I D E R E D  THE CLEAN-UP CREW DESIRABLE 

AND CHOSEN TO BID ON IT?

A YES. IT TAKES QUITE A BIT OF SE N I O R I T Y  TO BE 

ON THE C L E A N - U P  CREW.

Q IS IT CORRECT OR NOT ON THE BASIS OF W HAT YOU 

HAVE TOLD US HERE TODAY THAT THE COMPANY AS A 

P R A CTICAL MATTER DOES NOT HAVE A HIGH DEGREE OF 

CONTROL OVER THE JOBS ON WHICH AN EMPLOYEE PLACES 

THEMSE L V E S  IN THIS B A R G AINING UNIT UNDER THE 

S E N IORITY SYSTEM?

A THAT IS TRUE. SE N I O R I T Y  ITSELF, S E N IORITY SOLELY, 

IS A C R I T E R I A  FOR THESE JOB A S S I G N M E N T S  OR S E L E C 

TIONS.

Q AS A C O N S E Q U E N C E  HAS THE COMPANY FELT IT IMPORTANT 

OR U N I M P O R T A N T  TO TRY TO SELECT THE BEST Q U A L I 

FIED PEOPLE A V A I L A B L E  FOR THESE JOBS?

A WELL, THAT IS OUR ONLY CHANCE OF GET T I N G  GOOD

EVELYN OYERHECK
O F F IC IA L  C O UR T R E P O R T E R

v 4oU &



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3 5 0

OPERATORS IS TO HIRE QUALIFIED OR C O M PETENT BALER 

HELPERS. AFTER WE HAVE MADE THE SEL E C T I O N  OF 

AN EMPLOYEE AS A BALER HELPER, FROM THAT TIME 

ON HE BECOMES OUR OPERATOR OF THE FUTURE.

Q HOW MANY PLANTS WERE IN O P E RATION IN THE P R O D U C 

TION DEPARTMENT?

A WE HAD TWO PLANTS, PLANT 1 AND 2, WHICH WERE BUILT 

IN 1953 BY THE G O V E R N M E N T  MONEY AND THESE WERE D E 

SIGNED TO PRODUCE THE SYNTHETIC RUBBERS WHICH 

WERE KNOWN, THAT THEY HAD THE T E C H N O L O G Y  TO P R O 

DUCE AT THAT TIME. FROM UNTIL '55 THAT WAS

OUR SITUATION.

Q WHAT HAS THE COMPANY ADDED IN THE WAY OF RUBBER 

PRODUCING FACILITIES SINCE '55?

A WELL, IN *55 G OODYEAR BOUGHT THE PLANT FROM THE 

G O V E R N M E N T  AND STARTED THE EXPANSION, AND THAT 

E X P A N S I O N  WAS COMPLETED IN ’57 AND THAT E X P ANSION 

INCLUDED A NEW, ENTIRELY NEW PLANT 3, WHICH IS 

LARGER IN CAPACITY THAN 1 OR 2 ALONE, WHICH IS

MUCH MORE INVOLVED, AND THE REAL CHANGE SINCE HAS
I

BEEN IN THE TYPES AND THE KINDS OF RUBBERS THAT
I

WE PRODUCE.

FROM ’43 TO * 5 5 WE PRO D U C E D  A FEW BASIC 

TYPES. SINCE THAT TIME THE INDUSTRY HAS BECOME

INVOLVED AND WE HAVE ROUGHLY FIFTY TYPES OF

E VEL) A’ 0  \ ’EliBECK
O F F IC IA L  COURT R E P O R T E R

v. 431ft



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3 5 1

D I F F E R E N T  RUBBERS WHICH WE PRODUCE IN THE PLANT 

NOW. THE TE C H N O L O G Y  AND THE SKILL OF OPERATING 

NOW IS MUCH GREATER AND REQUIRES MUCH MORE C O M P E 

TENCE THAN IT DID FROM ' *♦ 3 TO '55.

Q IN P R E P A R A T I O N  FOR THE C O N S T R U C T I O N  AND O P E RATION 

OF THE NEW RUBBER PLANT DID THE COMPANY ANTICIPATE 

THE NEED TO INCREASE ITS WORK FORCE?

A YES. WE KNEW WE HAD TO HIRE C O N S I D E R A B L E  NUMBER 

OF PEOPLE TO STAFF OR MAN THE NEW PLANT WHICH WAS 

PUT INTO O P E R A T I O N  IN 1957.

Q WHAT WAS THE GEN E R A L  NATURE OF THE WORK FORCE 

THAT M3U HAD ON HAND IN 1955 IN TERMS OF -- AND 

I'M TAL K I N G  ABOUT U N I O N - R E P R E S E N T E D  JOBS —  IN 

TERMS OF THEIR EDUCATION, QUAL I F I C A T I ON S ,  AND SO 

FORTH?

A WELL, ON THE AVERAGE THE E D U CATION OF THOSE PEOPLE 

WAS PRETTY CLOSE TO A HIGH SCHOOL EDUCATION. IT 

IS TRUE THAT WE HAD SOME EMPLOYEES WITH LESS THAN 

THAT.

I WOULD BRING TO YOUR MIND THE FACT 

THAT SOME OF THESE PEOPLE WERE HIRED IN 1943, AND 

IN '43 OUR COUNTRY WAS IN WAR. THE APPLICANTS 

WE WERE ABLE TO GET AT THAT TIME O B V I O U S L Y  WERE 

THOSE WHO WERE NOT E L IGIBLE FOR THE SERVICE, PLUS 

THE FACT WE HAD TO RECEIVE RELEASES FROM THOSE

EVELYN OVEREECK
O F F IC IA L  ( 'O O RT R E P O R T E R

Lw 432fc



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IN OTHER JOBS TO COME TO WORK IN OUR NEW PLANT|I
IN '<♦ 3. !

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Q WAS THE WORK FORCE FAIRLY STABLE IN 1955? DID

YOU HAVE A VERY LARGE PERCENTAGE OF NEW EMPLOYEES 

OR NOT?

A WE STARTED HIRING IN '55 AND '56.

Q BEFORE YOU STARTED HIRING, I'M ASKING YOU, HAD

YOU HAD A STABLE WORK FORCE OR WHAT WERE THE C I R 

CUMSTANCES?

A YES, WE HAD.

Q WHEN DID YOU BEGIN HIRING FOR THE EXPANSION?

A IT WAS —  IN GEN E R A L  IT WAS IN 1956 AND EARLY 

’ 57.

Q IT IS ALR E A D Y  E S T A B L I S H E D  THAT THE COMPANY FOR

A PERIOD BEGINNING EARLY IN 1957 UNTIL THIS YEAR 

USED SOME E M P L OYMENT TESTS AND R E QUIRED HIGH 

SCHOOL EDUCATIONS AS E M P L O Y M E N T  Q U A L I F I CATIONS. 

WERE YOU INVOLVED AND DID YOU P A R T I CIPATE IN 

E S T A B L I S H I N G  THOSE Q U A L I F I C A T I O N S ?

A YES, I WAS HERE AT THAT TIME.

Q PRIOR TO THAT TIME DID YOU HAVE ANY FORMAL Q U A L I -
I

F I CAT IONS E S T A B L I S H E D  OR WHAT WAS THE COMPANY'S 

POLICY TOWARD REQ U I R I N G  HIGH SCHOOL, FOR EXAMPLE?

A WELL, WE DIDN'T HAVE A FORMAL POLICY TO NOT HIRE

HIGH SCHOOL PRIOR TO 1957. WHEN WE HAD APPLICANTS

EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

■- 4 3 3  h



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WHO HAD HIGH SCHOOL WE U SUALLY P R E FERRED THEM 

AND HIR E D  THEM OVER THOSE WHO HAD NOT.

Q WHY DID YOU DO THAT?

A WELL/ OF COURSE, IT IS OUR K N O WLEDGE OF THE FACT 

THAT THERE IS A LOT OF SKILL OR C O M P ETENCE THAT 

HAS TO BE REQUIRED HERE/ OR ACQUIRED/ AND THAT 

A HIGH SCHOOL GRADUATE/ A PERSON WHO HAD HIGH 

SCHOOL WAS MUCH MORE/ HAD A MUCH BETTER BASE 

TO BUILD ON AS FAR AS HIS BEING ABLE TO LEARN OUR 

PLANT/ LEARN THE O P E R A T I O N  OF OUR PLANT.

Q ALL RIGHT. TELL US THEN WHY YOU ADOPTED THE USE

OF THESE TESTS AND HOW YOU WENT ABOUT MAKING THIS 

DE C I S I O N  AND WHAT THE C O M P A N Y ’S REASONS WERE?

A WELL, OUR REASONS WERE/ WE WERE ABOUT TO HIRE

THIS GROUP OF PEOPLE FOR OUR NEW PLANT AND KNEW 

THAT WE HAD TO DO OUR BEST TO HIRE THE MOST C O M 

PETENT PEOPLE WHO WERE A V A ILABLE TO US/ AND WE 

R E C O G N I Z E D  THERE WAS A G E N E R A L  PRACTICE IN THE 

INDUSTRY FOR R E Q UIRING HIGH SCHO O L  E D U CATION AND 

A G E N E R A L  PRACTICE IN THE AREA IN THE INDUSTRY 

FOR APPLICANTS TO TAKE P R E - E M P L O Y M E N T  TESTS.

SO WE GOT TO CHECKING AROUND AND I WAS PERSONALLY 

AND DIR E C T L Y  INVOLVED. WE KNEW THAT THE WONDER- 

LICH TEST WAS BEING USED FOR THIS PURPOSE WITH 

KNOWN GOOD RESULTS SO WE ACQ U I R E D  SOME l-

l -

EVELYN OYER BECK
O F F IC IA L  COURT R E P O R T E R



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W O N D E R L I C H  TESTS AND STARTED TO USE THOSE AS A 

BASIS OF S E L ECTION FOR OUR EMPLOYEES.

WE ALSO HAD A KNOWLEDGE OF SCIENCE R E 

SEARCH AS S O C I A T E S  IN CHICAGO, WHICH I GUESS IS A 

D IVISION OF I.B.M., AND AC Q U I R E D  THEIR M ATERIAL 

AND S E LECTED FROM THE S O - CALLED S.R.A. ADAPTA B I L I T Y  

TEST. THIS IS A TEST WHICH IS CO M P O S E D  AND W R I T 

TEN BY PROFESSOR TIFFEN AT PURDUE U N I V ERSITY 

AND IT HAS BEEN RECOGNIZED AND R E C O M M E N D E D  TO ME 

AND TO US AS HAVING PROVEN SUCCESS IN BEING ABLE 

TO PREDICT AN A P P L I C A N T ' S  LEARNING ABILITY, HIS 

ABILITY TO C O M P R E H E N D  AND TO C O M M U N I C A T E  AND TO 

HAVE AN U N D E R S T A N D I N G  OF THE M E A N I N G  OF WORDS.

Q WAS IT YOUR JU D G M E N T  THAT THOSE WERE TRAITS OR

C H A R A C T E R I S TI C S  THAT WERE R ELATED TO JOBS IN YOUR 

PLANT?

A YES .

Q WHAT DID YOU UN D E R S T A N D  THE W O N D E R L I C H  TEST WAS 

SUPPOSED TO MEASURE?

A WELL, THEY ARE SIMILAR IN DESIGN OR INTENT AND 

OUR E X P E RIENCE WAS WITH THE W O N D E R L I C H  THAT 

AP P L I C A N T S  WHO WOULD COME TO US HAD VERY PROBABLY 

TAKEN THE W O N D E R L I C H  AT THE PREVIOUS EMPLOYER'S 

E M P L O Y M E N T  OFFICE. IN FACT, WE MADE A LITTLE S U R 

VEY IN OUR AREA AND A LOT OF THE PLANTS WERE

EVELYN OVERHECK
O F F IC IA L  COURT R E  FO R T HR

. 430 ft



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USING THE W O N D E R L I C H  FOR THEIR SE L E C T I O N  T E C H 

NIQUES. WE USED THE W O N D E R L I C H  TO SOME EXTENT,

BUT DECIDED THAT IT W O U L D  BE MORE FAIR AND PUT 

A P P L I C A N T S  ON BETTER EQUAL FOOTING IF THEY WERE 

TO TAKE A TEST, THE S.R.A. A D A P T A B I L I T Y  TEST,

WHICH THEY HAD NOT HAD PREVIOUS EX P E R I E N C E  WITH 

AT SOME OTHER PLACE OF EMPLOYMENT. SO WE USED 

SOME OF THOSE TESTS INTERCHANGEABLY.

I BELIEVE THE W O N D E R L I C H  HAD FOUR D I F 

FERENT SETS. I BELIEVE IT HAD AN A, B, C, D,

AND THEN IN MORE RECENT YEARS I THINK THEY ADDED 

A COUPLE OTHERS. THIS WAS ALL DONE IN AN EFFORT 

TO PUT —  HAVING D I F F E R E N T  TESTS FOR THE SAME 

MAN, SO TO SPEAK. THE S.R.A. A D A P T ABILITY, THE 

ONLY FORMS I KNOW ABOUT, ARE THE FORMS A AND B.

I BELIEVE 3 HAS BEEN S U B MITTED HERE AS AN EXHIBIT.

Q NOW, WITH RESPECT TO THE W O N D E R L I C H  AND THE S.R.A. , 

WERE THESE DIF F E R E N T  FORMS INTENDED TO ACCOMPLISH 

THE SAME OVE R - A L L  PURPOSES?

A YES. THAT IS THE DESIGN AND INTENT.

Q IS IT CORRECT THEY SIMPLY USED DI F F E R E N T  Q U E S 

TIONS TO TRY TO E S T ABLISH THE SAME OBJECTIVE?

A THAT IS RIGHT.

Q ALL RIGHT. WHAT EFFECT, IF ANY, DID YOU FIND

THAT THE USE OF TESTS IN OTHER INDUSTRY WAS HAVING

EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R



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ON THE KIND OF A P P L ICANTS YOU WERE RECEIVING?

A WELL, WE HAD GOOD REASON TO THINK THAT IF WE

DIDN'T TEST THE EFFECT WOULD BE THAT OUR A P P L I 

CANTS OR OUR EMPLOYEES WOULD BECOME THOSE WHO 

W E R E N ' T  ABLE TO PASS THE TEST AT THE OTHER PLANTS. 

IN OTHER WORDS, WE WOULD GET THE UNINTELLIGENT,

SO TO SPEAK, WHILE THE OTHER PLANTS IN OUR AREA 

WOU L D  BE GETTING THE PEOPLE WITH LEARNING ABILITY 

WHO HAD PASSED THEIR TESTS.

MR. BURCH, YOU HAVE LED ME INTO TESTING, 

BUT I DID WANT TO SAY S O M ETHING A B OUT THE WING 

STAY CHEMICAL PLANT.

Q I AM GOING TO TAKE YOU BACK THERE IN A MOMENT.

A OKAY. THANK YOU.

Q WITH R E F ERENCE TO THE USE OF THESE TESTS AND YOUR 

REASONS FOR A DOPTING THEM, DID A DESIRE TO EXCLUDE 

NEGRO APPLICANTS ENTER INTO YOUR THI N K I N G  OR 

YOUR DEC I S I O N  OR HAVE ANY BEARING ON YOUR DECISION

A I AM SURE THAT IT DID NOT. I AM POSITIVE IT 

DID NOT.

Q WERE YOU INVOLVED IN HELPING MAKE THE DECISION?

A YES.

Q IN FACT, FROM SOMETIME IN '57 WHEN YOU ADOPTED

THEM UNTIL 1962 THE TESTS WERE USED RE P E A T E D L Y  

ON WHITE APPLICANTS WHO WERE GOING TO THE NON-

437 f)

EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R



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LABOR DEPARTMENT. WERE THEY NOT?

A THAT IS RIGHT

Q YOU DID NOT REQUIRE THE TESTS AND THE HIGH SCHOOL

FOR ENTRY INTO THE LABOR DEPARTMENT. WOULD YOU 

TELL US BRIEFLY WHY?

A WELL, THE LABOR D E P A R T M E N T  PEOPLE WERE NOT R E 

QUIRED TO DO THESE SKILLED JOBS THAT ARE REQUIRED 

IN THE OTHER DEPARTMENTS, AND WE CERTAINLY DIDN'T 

W ANT TO IMPOSE THE TES T I N G  R E Q U I R E M E N T  JUST FOR 

UN I F O R M I T Y  FOR A C ADEMIC REASONS ITSELF. WE 

C O ULDN'T JUSTIFY ASKING ANYBODY, W H E T H E R  HE BE 

BLACK OR WHITE, TO PASS A TEST JUST TO DO THE 

WORK INVOLVED IN THE LABOR DEPARTMENT. WE SAW 

NO SENSE TO THAT.

Q NOW, I THINK IT HAS BEEN M E N T I O N E D  SEVERAL TIMES, 

AND W H ILE WE ARE ON IT I WOULD LIKE TO COVER THIS, 

WHAT WERE THE SCORE LEVELS THAT WERE GE N E R A L L Y  R E 

QUIRED ON THE S.R.A. TEST?

A WELL, THE SCORE LEVEL, THE M I N I M U M  ON THE S.R.A.

A D A P T A B I L I T Y  FOR MANY YEARS WAS FOU R T E E N  AND
■ I

THEN AS WE GOT INTO THE ERA OF '65 THROUGH »70 IN 

OUR EFFORT TO HIRE BLACKS WE LOWERED THE SCORE 

TO TWELVE.

Q NOW, WHY DID YOU DO THAT? WHAT HAD YOUR EXPERIENC 

SHOWN YOU ABOUT THE RATE AT WHICH BLACK APPLICANTS

EVELYN OVERHECK
O F F IC IA L  C O llI tT  R E F O R T E R



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PASSED THE TESTS?

A WELL, WE WERE HAVING PROBLEMS GETTING BLACK

A P P L I C A N T S  WHO COULD PASS THE TEST. WE R E C O G N I Z E D
t
OUR R E S P O N S I B I L I T Y  TO HAVE BLACK AP P L I C A N T S  B E 

COME EMPLOYEES OF THESE OTHER DEPART M E N T S  SO WE 

MADE THIS LESSENING OF THE SCORE OR D E V I A T I O N  IN 

OUR PRACTICE IN ORDER TO A C C O M M O D A T E  AND BUILD UP 

OUR BLACK HEAD COUNT IN OUR OTHER DEPARTMENTS.

Q ALL RIGHT. NOW, LET ME STOP AND WE W ILL GO BACK 

AND I WILL ASK YOU ABOUT YOUR WING STAY PLANT.

TELL US BRIEFLY AGAIN W HAT PRODUCT IS THERE AND 

W HAT KIND OF CHEMICAL PROCESS IS INVOLVED?

A WELL, THE WING STAY PLANT IS ENTIRELY SEPARATE 

FROM THE RUBBER PLANT. IT IS A SEPARATE UNIT 

PHYSIC A L L Y  WITHIN OUR CONFINES, BUT S EPARATE IN 

O P E R A T I O N  AND SORT OF A UNIT OF ITS OWN.

IT IS SHOWN ON THE EXHIBIT HERE ON PAGE 

59 AS BEING A WING STAY CHEMICAL OPERATOR. NOW, 

WING STAY IS G O O D Y E A R ’S CODE OR G O O D Y E A R ’S TRADE 

NAME, SO TO SPEAK, FOR RUBBER A DDITIVE CHEMICALS, 

AND THIS MEANS THAT OUR COMPANY MAKES CHEMICALS 

WHICH ARE ADDED IN THE RUBBER TIRE M A N U F A C T U R I N G  

PLANT, ADDED TO THE RUBBER AND THE CHEMICALS, AND 

THIS PARTIC U L A R  C H EMICAL IS AN ANT I - O Z Y D E N T .

AN ANT I-OZ YDENT MEANS THAT THE EFFECT OF THIS

EVELYN OVERBUCK
O F F IC IA L  c o r  n r  R E P O R T E R

- - 4 3 U  /9



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________ 5 59

CHEMICAL WILL RETARD OR DETER OR SLOW THE ACTIONI

OF OZONE ON THE RUBBER. I

YOU PROBABLY KNOW BETTER ABOUT AN A N T I - 

OXY D E N T  BECAUSE AN ANT I-OXYDENT W O U L D  DO THAT 

S A M E , P ERFORM THAT SAME SERVICE TO OXYGEN D E T E R I O 

RATION OF RUBBER. YOU HAVE SEEN SIDEWALLS CRACK, 

WHICH IS IN EFFECT OXY G E N  A T T ACKING THE RUBBER.

Q LET ME INTERRUPT, IF I MAY, AND SEE IF WE CAN

MOVE ALONG. IS IT COR R E C T  OR NOT THAT THIS IS A 

CONTINUOUS FLOW C H EMICAL PROCESS PLANT?

A IT IS IN THIS RESPECT: THE PLANT HAS EXPLOSIVE

CHEMICALS, HYDROGEN, HYDROCARBONS. IT IS IN 

STAGES. IT HAS HIGH TEMPERATURES, 650 DEGREES 

FAHRENHEIT, HIGH PRESSURES 2,000 PER SQUARE INCH, 

AND THE PROCESS IS CARRIED FORTH IN STAGES AND 

THE OPERATORS HAVE TO LEARN THE VARIOUS O P E R A 

TIONS OF THIS E Q U I P M E N T  AS IT GOES THROUGH STAGE 

1, 2 AND 3 AND D I S T I LLATION, SO ON.

Q DO THE OP E R A T O R S  WORK IN EACH OF THESE STAGES?

A YES, THEY DO.
I

Q YOU HAVE T E S T I F I E D  PR E V I O U S L Y  ABOUT THE OPERATING
I

A D D ITIONS IN THE RECOVERY AND REACTOR AREAS IN 

THE RUBBER PLANT. I WILL ASK YOU IF WE MAY,

SIMPLY BY C O M P A R I S O N  E S T ABLISH W H E T H E R  THE O P E R A 

TORS IN THE WING STAY PLANT DEAL G E N E R A L L Y  IN THE

EVELYN OVERHECK
O F F IC IA L  C O UR T R E P O R T E R



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3 6 0

SAME KIND OF WORK ACTIVITIES INVOLVING THE READ-
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ING AND USE OF INSTRUMENTS AND C O N T R O L S , MAfiIPULAT
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ING THE E Q U IPMENT THAT CONTROLS THIS WING STAY 

PLANT?

A THEY DO.

Q NOW, ON A COMPAR A T I V E  BASIS IS THE OPERATION 

THERE MORE CRITICAL OR LESS C R ITICAL IN TERMS 

OF D A N G E R  AND THE DEMANDS ON THE OPERATOR?

A I WOULD SAY IT IS MORE CRITICAL.

Q DOES THE WING STAY PLANT O P E RATION INVOLVE CERTAIN 

TOXIC S U B S T ANCES?

A YES, IT DOES.

Q CAN THOSE CAUSE DEATH BY EITHER INHALA T I O N  OR 

CONTACT WITH THE SKIN?

A THEY CAN.

Q WHEN DID THAT PLANT START UP?

A ROUGHLY 1965.

Q TELL US BRIEFLY HOW THE OPERATORS WERE TRAINED

TO GO INTO THAT PLANT?

A WELL, WE PUT THE JOBS UP FOR BID AGAIN FOR THESE
I

PEOPLE, AND THOSE WHO WERE THE SU C C E S S F U L  BIDDERS
i

WERE TAKEN TO THE C L A S S R O O M  FOR NEARLY TWO MONTHS 

BEFORE THE PLANT EVER STARTED, AND IN THE C L A S S 

ROOM W ERE GIVEN T H OROUGH INSTRUCTIONS ON C H EMICAL 

O P E R A T O R ’S TECHNIQUES, INCLUDING I N S T R U M E N T A TI O N

EVELYN OVERHECK
O F F IC IA L  C O UR T R E P O R T E R



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AND VALVING AND THIS SORT OF THING, PLUS KN O W L E D G E
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OF THE CHEMICALS WITH WHICH THEY WOULD HAVE TO 

WORK. '
l

AFTER THIS TWO M O N T H S ’ T R AINING C L A S S 

ROOM EXPERI E N C E  THEY WERE PUT IN THE PLANT AND 

ASS I G N E D  TO THE START UP OF THE UNIT.

Q DO THE OPERATORS IN THAT UNIT N E C E S S A R I L Y  USE

M A T H E M A T I C S  AND AT LEAST SOME SIMPLE PRINCIPLES

OF PHYSICS AND CHEMISTRY IN THE O P E R A T I O N  OF THE 

PLANT?

YES. IT IS PR A C T I C A L L Y  IMPOSSIBLE TO UNDERSTAND 

IF YOU D O N ’T KNOW THE DI F F E R E N C E  BET W E E N  A VACUUM 

AND PRESSURE AND HOW TO READ GAUGES AND HOW 

C H E MICALS REACT WITH EACH OTHER AND W HAT RESULTS 

WHEN THEY REACT, AND THAT SORT OF BASIC KNOWLEDGE.

Q DO THE OPERATORS IN THAT PLANT USE W R I T T E N  S P E C I 

FICATIONS AND O P E R A T I N G  MANUALS?

A YES, THEY DO THAT.

Q DO THE OPERATORS IN THAT PLANT AND IN THE REACTORS 

AND REC O V E R Y  AREAS OF THE OTHER PLANTS GET SOME 

OF THEIR INSTRUCTIONS IN THE FORM OF W R I T T E N  LOGS 

THAT ARE LEFT BY THE PRECEDING SHIFT?

* YES. THAT IS A BASIS FOR FOL L O W I N G  THE OPERATOR 

ON THE PREVIOUS SHIFTS, THE LOGS THAT ARE LEFT, 

THEIR R E ADINGS AND CALIBRATIONS.

EVELYX O] ERBECK
O F F IC IA L  C O UR T R E P O R T E R



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Q IS t h e  w i n g  s t a y  c h e m i c a l  p l a n t  a  p a r t  o f  t h e

SAME S E N IORITY D E P A R T M E N T  AS THESE VARIOUS AREAS 

IN THE RUBBER PLANT?

A IT IS.

Q CAN AN OPERATOR WHO IS IN THE P R O D U C T I O N  D E P A R T 

MENT EXERCISE HIS SENIORITY AND BID TO THE WING 

STAY C H EMICAL OPERATORS* JOBS?

A HE MAY.

Q THE SAME S E N IORITY IN AND B IDDING PROCEDURES

WOULD APPLY TO WHAT YOU D E S CRIBED EARLIER, IS 

THAT CORRECT?

A THAT IS RIGHT.

Q NOW, R E F ERRING BACK TO THETES T I N G  AND E D U C A T I O N A L

REQUIREMENTS, IN YOUR J U D G M E N T  HAVE THE TESTS 

USED M E A S U R E D  C H A R A C T E R I S TI C S  OR Q U A L I F I C A T I ON S  

OF A P P L I C A N T S  THAT ARE RELATED TO THE JOBS IN 

THE PLANT?

A I AM C O N V I N C E D  THAT THEY HAVE.

Q AT ANY TIME DURING YOUR USE OF THESE TESTS HAVE 

YOU B ELIEVED THEM TO BE U N LAWFUL OR IMPROPER?

A NO.

Q THE E VIDENCE A LREADY SHOWS THAT YOU DISCON T I N U E D  

THE USE OF TESTS AND HIGH SCHOOL OR E Q U I VALENT 

AS JOB REQUIREMENTS. WOULD YOU TELL US WHY?

A WE WERE UNDER REVIEW BY THE ATO M I C  ENERGY

EVELYN OVERHECK
O F F IC IA L  C O UR T RF.PORTER

. 44



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i
363

C O M M I S S I O N  AS D I V I S I O N  OF THE A S S I G N M E N T  UNDER

THE OFFI C E  OF FEDERAL C ONTRACT COMPLIANCE. T^HE
1

ATOMIC ENERGY C O M M I S S I O N  HAS BEEN A S S I G N E D  TO THE 

REVIEW OF C HEMICAL INDUSTRY AND THEY SENT A R E P 

R E S E N T A T I V E  TO US IN J A N U A R Y / ’71, AND SET FORTH

R E Q U I R E M E N T S  FOR US TO MEET IN ORDER TO OBTAIN 

THEIR A P P R O V A L  OF OUR A F F I R M A T I V E  ACTI O N  C O M P L I 

ANCE PROGRAM. ONE OF THE R E QUIREMENTS THEY D E 

MAN D E D  OR E S T A B L I S H E D  WAS THAT WE SUSPEND OUR 

TESTING AND E D U C A T I O N A L  REQUIREMENTS, WHICH WE 

HAVE DONE AT THEIR REQUEST.

AT THE SAME TIME WE ARE C O N VINCED THAT 

IT WILL HAVE W O R S E N I N G  EFFECT ON OUR ABILITY TO 

OPE R A T E  OUR PLANT EFFICIENTLY, PROPERLY, BUT WE 

HAVE NO ALTERNATIVE. THE DEMAND IS MADE AND THERE 

IS NO OTHER CHANCE FOR US BUT TO FOLLOW IT.

Q THE COMPANY IS WIL L I N G  AT THIS POINT TO OPERATE 

UNDER THOSE C O N D ITIONS IF NECESSARY?

A WE HAVE ACCEPTED THAT.

Q BASED ON YOUR E X P E R I E N C E  AND THE E M P L O Y M E N T  FIGURES
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THAT YOU HAVE A V A I L A B L E  TO YOU, SINCE 1962 HAS THE 

USE OF THE TEST AND THE HIGH SCHOOL REQUIR E M E N T S  

P R E VENTED THE COM P A N Y  FROM ADDING TO ITS WORK 

FORCE A NUMBER OF P E R C ENTAGE OF BLACK EMPLOYEES 

THAT IS C O N S I S T E N T  WITH THE PO P U L A T I O N  IN THE

EVELYN OVERHECK
O F F IC IA L  C O f ' j tT  RE P O R TE R

. 44'lft



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H O U S T O N  AREA?

A IT HAS. THE TESTS HAVE NOT A F F E C T E D  OUR PROGRAM 

TO EMPLOY AND TO UPGRADE NEGROES. IN FACT, 

STATISTICS SHOW THAT WE ARE DOING THIS IN EXCESS 

OF THE 24 PER CENT NEGRO MIXTURE IN THE HOU S T O N  

AREA.

Q MR. VAN OSDALL, I WANT TO SHOW YOU WHAT HAS BEEN 

MARKED AS COMPANY E XHIBIT 12 AND I WILL ASK YOU 

TO EXPLAIN TO THE COURT BRIEFLY WHAT THIS EXHIBIT 

IS BASED ON AND W HAT IT PURPORTS TO SHOW?

A THIS EXHIBIT SHOWS THE MIN O R I T Y  E M P L O Y M E N T  AT

OUR PLANT IN THE OP E R A T I N G  ENGINEERS * CREW, WHICH 

IS THE G R OUP INVOLVED HERE, AS OF D E CEMBER 11, 197 

AND THIS SHOWS W I T H O U T  C O N S I D E R I N G  THE NUMBER OF 

EMPLOYEES WE HAVE IN THE LABOR D E P A R T M E N T  THAT OF 

THE TOTAL EMPLOYEES R E P R E S E N T E D  BY THE O P E RATING 

ENGINEERS, OF THE TOTAL 17.7 PER CENT ARE NEGROES. 

Q THIS INCLUDES, OF COURSE, THE EMPLOYEES WHO R E 

MAIN E D  WITH YOU AND WHO WERE E M PLOYED BACK IN THE 

WAR YEARS AND IN THE 5 0 ’S, DOES IT NOT?

A RIGHT, IT DOES.

Q ALL RIGHT.

A MAY I SAY ALSO THAT OF THBSRAND TOTAL, MEANING

THE TOTAL NUM B E R  OF EMPLOYEES R EPRESENTED BY THE

OP E R A T I N G  ENGINEERS AS OF D ECEMBER 11, ABOUT

3 6 4

EVELYN OVERHECK
O F F IC IA L  c o u r t  rf . p o r t k r

. 44;)#r



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T W E N T Y - T W O  PERCENT OF THOSE ARE NEGROES. NOW,

THIS COMPARES WITH THE HOUSTON POPULA T I O N  P E R 

CENTAGE OF T W E N T Y - F O U R  PERCENT.

Q LET ME HAND YOU NOW COMPANY EXHIBIT 14 AND I WILL 

ASK YOU WHAT THAT PURPORTS TO SHOW, WHAT THE 

FIGURES INCLUDE?

A THIS TABLE, EXHIBIT 14, SHOWS THE HEAD COUNT OR

NUMBER OF EMPLOYEES BY SENIORITY GROUPS R EPRESENTED 

BY THE O P E R A T I N G  ENGINEERS AT OUR PLANT WHO E N T 

ERED THESE SENIORITY GROUPS BETWEEN THE PERIOD 

JANUARY 1, 1962 AND DECEMBER 12, 1971, OR THIS

PAST DE C E M B E R  12TH, AND THEY ENTERED THESE GROUPS 

EITHER BY HIRING OR TRANSFER.

NOW, THIS MEANS THAT THEY W ERE THE ONES 

WHO WERE GIVEN THE TESTS AND THEY WERE THE ONES 

WHO HAD TO MEET THE HIGH SCHOOL REQUIREMENTS.

Q MR. VAN OSDALL, YOU HAVE GOT TWO SIMILAR TABLES 

YOU PR E P A R E D  FOR ME. THE ONE I HAVE ASKED YOU 

ABOUT, NO. 14, INCLUDES PEOPLE ENTER ING THESE D E 

PARTMENTS THROUGH D ECEMBER OF THIS YEAR, DECEMBER 

12TH?

A RIGHT.

Q THAT W O ULD INCLUDE SOME EMPLOYEES, WOULD IT NOT,

WHO HAVE ENTERED THE D EPARTMENTS LATELY, SINCE 

YOU HAVE TESTED?

EVELYN OVENHECK
OF FI C l  A l. J ' O U l i I I K  PO R TER



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166

A YES. WE HAVE NOT TESTED SINCE APRIL 22ND. THERE 

IS A N O T H E R  CHART THAT BRINGS UP TO THAT DATE.

THIS I SHOULD CLARIFY DOES INCLUDE THOSE 

EMPLOYEES WE HAVE T R A N S F E R R E D  OR HIRED, SINCE IT 

DOES INCLUDE EMPLOYEES WE EITHER T R A N S F E R R E D  OR 

HIRED SINCE APRIL 22ND WHO WERE NOT GIVEN THE 

TESTS AND WHO WERE NOT REQUIRED TO HAVE A HIGH 

SCHOOL EDUCATION.

Q ALL RIGHT. JUST TO ILLUSTRATE, THIS SHOWS IN

P R O D U C T I O N  WHERE THERE ARE A TOTAL OF 183 E M P L O Y 

EES THAT 69 ARE NEGROES AND THAT THAT IS 37.7 

PER CENT OF THAT DEPARTMENT, IS THAT CORRECT?

A THAT IS RIGHT.

Q NOW --

A THOSE ARE THE EMPLOYEES WHO HAVE ENTERED P R O D U C 

TION SINCE JANUARY 1, 1962.

Q AND WHO REMAIN WITH THE COMPANY, IS THAT CORRECT?

A OR THERE RIGHT NOW.

Q THIS DOES NOT SHOW OR TAKE ACC O U N T  OF EMPLOYEES

WHO MIGHT HAVE BEEN HIRED BETWEEN THESE DATES BUT 

S U B S E Q U E N T L Y  TERMINATED, IS THAT CORRECT?

A NO, IT DOES NOT INCLUDE THOSE.

Q DO YOU KNOW WHE T H E R  OR NOT YOU HAVE HAD BOTH BLACK

AND WHITE EMPLOYEES HIRED DURING THIS PERIOD WHO

HAVE TERMINATED?

EVELYN 0  V ERBE('K
O F F IC IA L  COURT R E P O R T E R

... 447 f>



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166
A YES. WE HAVE NOT TESTED SINCE APRIL 22ND. THERE 

IS ANO T H E R  CHART THAT BRINGS UP TO THAT DATE.

THIS I SHOULD CLARIFY DOES INCLUDE THOSE 

EMPLOYEES WE HAVE T R A N S F E R R E D  OR HIRED, SINCE IT 

DOES INCLUDE EMPLOYEES WE EITHER T R A N S F E R R E D  OR 

HIRED SINCE APRIL 22ND WHO WERE NOT GIVEN THE 

TESTS AND WHO WERE NOT REQUIRED TO HAVE A HIGH 

SCHOOL EDUCATION.

Q ALL RIGHT. JUST TO ILLUSTRATE, THIS SHOWS IN

PR O D U C T I O N  WHERE THERE ARE A TOTAL OF 183 E M P L O Y 

EES THAT 69 ARE NEGROES AND THAT THAT IS 37.7 

PER CENT OF THAT DEPARTMENT, IS THAT CORRECT?

A THAT IS RIGHT.

Q NOW --

A THOSE ARE THE EMPLOYEES WHO HAVE ENTERED P R O D U C 

TION SINCE JANUARY 1, 1962.

Q AND WHO REMAIN WITH THE COMPANY, IS THAT CORRECT?

A OR THERE RIGHT NOW.

Q THIS DOES NOT SHOW OR TAKE ACCOUNT OF EMPLOYEES

WHO MIGHT HAVE BEEN HIR E D  BETWEEN THESE DATES BUT 

S U B S E Q U E N T L Y  TERMINATED, IS THAT CORRECT?

A NO, IT DOES NOT INCLUDE THOSE.

Q DO YOU KNOW WHETHER OR NOT YOU HAVE HAD BOTH BLACK

AND WHITE EMPLOYEES HIRED DURING THIS PERIOD WHO

HAVE TERMINATED?

EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

. 447 0



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A

Q

A

Q

A

Q

I KNOW THAT WE HAVE.

ALL RIGHT, SIR. AND THIS SHOWS THAT WITH RESPECT 

TO ALL THE DEPART M E N T S  WHERE THERE WERE NO NEGROES 

PRIOR TO MID-62 THE COMPANY HAS ADDED OVER 32 

PER CENT BLACK EMPLOYEES?

THAT IS CORRECT.

NOW, I HAND YOU COMPANY EXHIBIT 13 AND I WILL ASK 

YOU WHAT THAT PURPORTS TO SHOW?

THIS IS A SIMILAR TABLE BUT THE CUTOFF DATE ON 

THIS TABLE IS APRIL 27, 1971, A P RIL 27TH THIS 

PRESENT YEAR. THE POINT OF THIS TABLE IS THAT 

THIS INCLUDES THOSE WHO WERE TEST E D  AND MET THE 

REQUIR E M E N T S  OF THE HIGH SCHOOL E D U CATION FROM 

1962 AGAIN THROUGH APRIL 27TH WHEN WE STOPPED 

TESTING, AND THIS SHOWS THROUGH THOSE DURING THAT 

PERIOD OF THOSE REQUIR E M E N T S  25 PER CENT OF THE 

EMPLOYEES WHO ENTERED THOSE GROUPS WERE NEGROES 

IN C O M P ARISON WITH AGAIN THE HOU S T O N  AREA A P P R O X I 

MATELY MINORITY PO P U L A T I O N  OF 2*» PER CENT.

SO WE WERE PUTTING INTO THOSE DEPARTMENTS 

A HIGHER PERCENTAGE OF NEGROES BY OUR TESTING P R O 

GRAM AND BY OUR E D U C A T I O N A L  P ROGRAM THAN THE 

PERCENTAGE IN THE HOU S T O N  AREA.

MR. VAN OSDALL, AT ANY TIME IN THE PAST HAS THE 

COMPANY MADE EFFORTS TO MOVE M INORITY EMPLOYEES

EVELYN OVEHHECK
O F F IC IA L  A C R E P O R TE R



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OUT OF THE LABOR GROUP AND INTO OTHER D EPARTMENTS 

WITH RESPECT TO SPECIFIC GROUPS OF EMPLOYEES IN 

THE LABOR D EPARTMENT?

A YES. WE MADE EFFORTS IN '68, *69 AND *71.

Q IN 1968 WHAT GROUP DID YOU DEAL WITH IN MAKING 

SOME KIND OF JOB OFFER?

A WHEN YOU SAY GROUP, ARE YOU TALKING ABOUT THE 

A D M I N I S T R A T I V E  AGENCY?

Q NO, I MEAN THE GROUP OF EMPLOYEES.

A THE GROUP OF EMPLOYEES WAS WHAT HAD THE TERM

EFF E C T E D  CLASS, WHICH AT THAT TIME WAS RECOGNIZED 

AS BEING THOSE EMPLOYEES HIRED INTO THE LABOR D E 

P A RTMENT PRIOR TO 1957, 1957 HAVING BEEN THE TIME

WHEN WE DID START TESTING. SO THE GROUP OF E M 

PLOYEES AT THAT TIME IN OUR 1968 PROGRAM OR 

PLAN INCLUDED ALL EMPLOYEES HIRED, MINORITY E M 

PLOYEES THEY WERE, HIRED INTO THE LABOR D E P A RTMENT 

PRIOR TO 1957.

Q ALL RIGHT. BRIEFLY STATED, WHAT OFFER WAS MADE

TO THAT GROUP OF EMPLOYEES AND A P P R O X I M A T E L Y  WHAT 

TIME?

A THE OFFER MADE WAS THAT THOSE EMPLOYEES WHO HAD 

MORE THAN SEVEN YEARS OF SCHOOLING, AND WE D E 

TER M I N E D  THE SEVEN YEARS AS BEING THE SCHOOLING 

OF THE MEN, THE EMPLOYEES IN OUR DE P A R T M E N T  AT

EVELYN 0V1M HECK
O F F IC IA L  COURT R E P O R T E R

449 ft



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THAT TIME -- WE MADE THE BREAK AT THOSE EMPLOYEES 

HAV I N G  SEVEN YEARS OR MORE S C H OOLING AND THE OFFER 

WE MADE WAS THAT THEY COULD TAKE THE TEST EVEN 

THOUGH THEY WERE NOT HIGH SCHOOL GRADUATES. ALL 

THE S C H O O L I N G  WE W O ULD REQUIRE OF THEM OR WERE 

R E Q U I R I N G  OF THEM WAS SEVENTH GRADE OR MORE.

Q LET ME HAND YOU COMPANY EXHIBIT 10 AND I WILL 

ASK YOU W H E T H E R  THIS CONSISTS OF SOME LETTERS 

THAT WERE , OR COPIES OF LETTERS THAT WERE GIVEN 

TO MEMBERS OF THIS E F FECTED CLASS AROUND F E B R U 

ARY OF 1968?

A IT DOES.

Q ALL RIGHT. NOW, LET ME ASK YOU W H E T H E R  YOU WERE

ABLE TO FIND ALL OF THE LETTERS GIVEN TO ALL OF 

T H 0 2  EMPLOYEES?

A NO, I HAVE NOT BEEN ABLE TO FIND ALL OF THEM.

Q THERE IS A LETTER HERE, FOR EXAMPLE, A D D R E S S E D

TO MR. L. BROWN. IS HE THE MAN WHO HAS TE S T I F I E D  

AND BEEN IDENTIFIED AS MR. LONNIE BROWN?

A RIGHT, HE IS.

Q THERE IS A COPY OF A PAGE FROM A TEST SHEET WHICH 

BEARS THE SCORE OF 5. WAS THAT THE TEST THAT MR. 

BROWN CHOSE TO TAKE AT THAT TIME?

A YES, IT IS.

Q NOW, THERE IS A SCORE SHEET BUT NO LETTER IN HERE
EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

450 *



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3 70

FOR N A T H A N I E L  BEAN. WOULD YOU EXPLAIN WHAT THE 

C I R C U M S T A N C ES  WERE ON MR. BEAN?

\ MR. BEAN TOOK THE TEST AND I THINK WE HAVE USED 

THE A C T U A L  TEST AS ANOTHER EXHIBIT HERE, SO THIS 

IS A PHOTOCOPY OF THE TEST SHOWING THE SCORE.

Q MR. VAN OSDALL, IN D ISCUSSIONS I HAVE HAD WITH 

YOU TODAY I HAVE ASKED WHE T H E R  YOU KNEW EXACTLY 

WHEN MR. BEAN TOOK THE TEST AND W H E T H E R  OR NOT 

HE TOOK IT IN CONNEC T I O N  WITH THIS 1968 OFFER.

DO YOU KNOW THE FACTS NOW OR NOT?

A I DON'T FEEL POSITIVE OF THE FACTS. I NEED TO 

EXPLAIN THAT MR. BEAN DID NOT PUT A DATE DOWN 

WHEN HE TOOK THIS TEST. I HAVE GOOD REASON TO 

BELIEVE THAT HE TOOK THIS TEST AT THIS TIME, AT 

THE TIME THE OTHERS DID.

Q MR. BEAN WAS OR I G I N A L L Y  HIRED BEFORE 1957 IN THE 

LABOR D EPARTMENT?

A YES,HE WAS HIRED BUT HE WAS LAID OFF AND HE HAS 

AN A D J U S T E D  SERVICE DATE NOW I THINK OF SOMETIME 

IN 1959.

Q NOW, THE LETTERS THAT YOU HAVE HERE STATE CERTAIN 

CIRC U M S T A N C ES  THAT WOU L D  APPLY TO THIS OFFER.

DID YOU EXPLAIN THESE DETAILS TO THE EMPLOYEES,

OR HOW WAS THIS MADE KNOWN TO THEM?

A YES. I'M QUITE SURE THAT I EX P L A I N E D  THESE TO

EVELYN OVER KECK
O F F IC IA L  C O UR T HEFORTKR

■- 451*



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EACH EMPLOYEE INDIVIDUALLY, OR MAYBE SEVERAL AT 

THE TIME, AND TOLD THEM THAT WE WERE MAKING E X 

CEPTION TO OUR E D U C A T I O N A L  R E QUIREMENTS IN AN 

EFFORT TO HAVE THEM TRANSFER FROM THE LABOR D E 

P A RTMENT INTO SOME OTHER SENIORITY GROUP.

Q WHAT DID YOU TELL THEM ABOUT WHAT WOULD HAPPEN 

TO THEIR SENIORITY IF THEY TRANSF E R R E D ?

A I TOLD THEM THEY WOULD HOLD THEIR SENIORITY IN

THE LABOR DE P A R T M E N T  FOR TWO YEARS BUT AFTER THAT 

THEY W O ULD NO LONGER RETAIN LABOR D E P A R T M E N T  

SENIORITY AFTER THEY HAD TRANSF E R R E D  OUT.

Q DID ANY OF THE EMPLOYEES TO W H O M  YOU MADE THIS 

OFFER IN 19 G 8 PASS THE TEST?

A NO, NONE OF THEM DID.

Q I BELIEVE YOU HAVE THE TESTS THERE INDICATING 

THAT MR. U. A. GONZALES, MR. L. BROWN, MR. C. 

LYONS, MR. M. MURPHY, AND POSSIBLY MR. N A T HANIEL 

BEAN TOOK THE TEST, IS THAT CORRECT?

A THAT IS RIGHT.

Q SO NONE OF THAT G R OUP OF EMPLOYEES WAS T R A N S F E R R E D  

AS A RESULT OF THE 1968 OFFER, IS THAT CORRECT?

A THAT IS CORRECT. I SHOULD SAY TO YOU IF I MAY

THAT THE T W O-YEAR CLAUSE WAS IN OUR UNION A G R E E 

MENT.

Q ALL RIGHT. AT THE TIME OF THIS OFFER WHAT WAS
EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

4 5 B  a

________________________________________________________________________ 37 1



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1 1 1

A

A

Q

A

Q

A

Q

THE PROCEDURE EXISTING OFFER AV A I L A B L E  IF AN EM

PLOYEE DESIRED TO T RANSFER FROM ONE SENIORITY 

GROUP TO ANOTHER?

WELL, THE PROCEDURE WAS THAT HE HAD THE PRIVILEGE, 

SO TO SPEAK, OF MAKING HIS WISHES KNOWN TO US IN 

THE PERSONNEL DE P A R T M E N T  AND WHEN VACANCIES O C C U R 

RED THESE PEOPLE WERE BEING, WERE CO N S I D E R E D  FOR 

TRANSFERS TO OTHER DEPARTMENTS, OTHER SENIORITY 

G R O U P S .

BEFORE THE CONTRACT WAS AMENDED IN 1970 TO PROVIDE 

A W R I T T E N  T R ANSFER PROCEDURE WERE TRANSFERS 

E FFECTED FROM TIME TO TIME FROM ONE SENIORITY 

GROUP TO ANOTHER?

YES, THEY WERE.

IN 1909 DID YOU MAKE ANOTHER OFFER TO SOME OF THE 

EMPLOYEES IN THE LABOR D E P A R T M E N T  TO MOVE?

WE DID. I DID.

AND WHAT WAS THE GROUP TO W H O M  YOU DIRECTED THAT 

OFFER?

THIS WAS THE SAME EFF E C T E D  CLASS, THE SAME GROUP 

OF EMPLOYEES. DO YOU WANT ME TO CONTINUE?

NO. LET ME ASK YOU THIS: I WANT TO HAND YOU

COMPANY EXHIBIT 11, AND I WILL ASK YOU WHETHER 

THE LETTERS A T T A C H E D  TO THE SUMMARY ARE COPIES

OF LETTERS THAT WERE GIVEN TO THE MEMBERS OF
EVELYN OVERBECK



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THE EF F E C T E D  CLASS AROUND MAY 3TH OF 1969? j 

A YES, THEY ARE. j
I

Q NOW, IS THIS SUMMARY ON THE FRONT A SUMMARY WHICH 

YOU P REPARED AT MY REQ U E S T  AND WITH MY ASSISTANCE 

TO TRY TO SUM UP THE RESULTS OF THAT SURVEY?

A YES .

Q LET ME DIRECT YOUR A T T E N T I O N  TO THE LETTER THAT

WAS GIVEN MR. R. L. JOHNSON. DID YOU TALK TO MR. 

JOHNSON YOURSELF?

A YES, I DID.

Q TELL US AS WELL AS YOU R EMEMBER THE S U B STANCE OF 

THAT CONV E R S A T I O N?

A WELL, I DI S C U S S E D  WITH MR. JOHNSON WHAT THE PLAN

WAS AND THE SHEET SHOWS THE FACT THAT IF HE SHOULD 

BE ON RECORD WITH US, IF HE WANTED TO T R ANSFER 

TO SOME OF THESE OTHER DEPARTMENTS, AND EXPLAINED 

AGAIN THE FACT THAT HE WOULD BE ABLE TO TRANSFER 

AND HOLD HIS LABOR D E P A R T M E N T  SENIORITY FOR TWO

YEARS A F TER HE TRANSFERRED.
I

NOW, IN THIS PROPOSAL IN 1969 WE AGAIN 

DREW THE LINE AT THE SEVENTH GRADE EDUCATION,

BUT IN '69 WE TOLD THEM THEY COULD TRANSFER W I T H 

OUT TAK I N G  A TEST, THAT WE W O ULD NOT REQUIRE THEM 

TO TAKE A TEST. SO THAT IS HOW THE '69 PROPOSAL

WENT FURTHER THAN THE '68 PROPOSAL.
EVELYN OVER BECK
O F F IC IA L  C O UR T R E P O R T E R

■- 454-fl

___________________________ __________ ______________ _________3 73



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_________________________________________________________________3 7

Q IN MR. J O H NSON'S CASE, FOR EXAMPLE, DID HE MARK 

UNDER THE WORD "YES", INDICATING A DESIRE OR 

INTEREST IN MOVING TO THE PRODUCTION DEPARTMENT, 

UTILITIES D E P A R T M E N T  OR FIRE DEPARTMENT?

A HE DID. HE MARKED THOSE AS BEING HIS CHOICES.

Q S U B S E Q U E N T  TO THE DI S C U S S I O N  OF THIS FORM WITH 

MR. JOH N S O N  WAS ANY SPECIFIC JOB O P P O R T U N I T Y  

OFF E R E D  TO HIM?

A YES .

Q TELL US THE CIRCU M S T A N C ES  ABOUT WHEN IT H A PPENED 

AND WHAT HAPPENED.

A WELL, MY NOTES SHOW THAT THE O RIGINAL DISCUSSION 

OCC U R R E D  ON 5-9-69 AND ON 7-2-69 WE HAD A P R O D U C 

TION JOB TO OFFER HIM AND I CALLED HIM AND ASKED 

HIM IF HE WANTED TO TRANSFER. HE SAID NO, HE 

DID NOT WANT TO T R A N S F E R  TO PR O D U C T I O N  AS A BALER- 

HELPER, EVEN THOUGH WE W O ULD NOT REQUIRE HIM TO 

TAKE A TEST.

Q ALL RIGHT. THERE IS A FORM HERE, FOR EXAMPLE,

FROM MR. FRED VAUGHAN, AND I NOTE THAT ON JUNE 

26, I960 HE INDICATED HE DIDN'T WISH TO T R ANSFERI

TO ANY OF THE ABOVE DEPARTMENTS. IS THAT A NOTE 

THAT HE SIGNED HIMSELF?

A YES, HE DID.

Q ALL RIGHT. WAS MR. E. G IESSEL OFFERED AN O P PORTUN

EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

4 5 5 q



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37 5

TO TRA N S F E R  TO THE POSITION OF CARPENTER?

A HE WAS, ON 8-29-69.

Q DID HE ACCEPT THE OFFER?

A NO.

Q WAS THAT OUTSIDE THE OPERATOR'S BA R G A I N I N G  UNIT,

BY THE WAY?

A YES, IT IS.

Q WAS MR. CHAPMAN OFFERED THE O P P O R T U N I T Y  TO T R A N S 

FER TO EITHER P R O D U C T I O N  OR S H IPPING AND TRAFFIC?

A YES .

Q DID HE ACCEPT THAT OFFER?

A NO .

Q WAS MR. M. BROWN OFFERED AN O P P O R T U N I T Y  TO T R A N S 

FER TO OILER?

A YES .

Q DID HE ACCEPT?

A YES .

Q IS HE W O R K I N G  AS AN OILER TODAY?

A YES, HE IS.

Q HE IS A MAM WHO HAS BEEN HIRED BACK IN l O M  AS A

LABORER, IS THAT CORRECT?

A I'M NOT QUITE SURE THAT IS CORRECT W I T H O U T  LOOKING 

AT THE SENIORITY LIST.

Q HE IS A LONG-TIME LABORER, IS HE NOT?

A YES .

EVELYN OVERHECK
O F F IC IA L  COURT IM P O R T E R

456 rt
_l



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376

Q WAS MR. L. BROWN GIVEN AN OPPORT U N I T Y  TO TRANSFER 

TO W A R E H O U S E M A N  AND SHIPPER?

A YES.

Q DID HE ACCEPT?

A YES .

Q WHAT DO YOU KNOW ABOUT THE C I R C U M S T A N C ES  UNDER

WHICH MR. BROWN LEFT THE JOB OF W A R E H O U S E M A N  AND 

SHIPPER?

A WELL , MR. BROWN T R A N S F E R R E D  TO THIS JOB AS W A R E 

H O U S E M A N  AND SHIPPER. AS HE TESTIFIED, HE WAS 

DOWN THERE ABOUT THREE WEEKS, AND HE CAME TO ME 

AND TOLD ME THAT -- HE EITHER CAME TO ME OR WAS 

SENT TO ME -- TOLD ME THAT, AS I BEST REMEMBER,

IT W A S N ’T WOR K I N G  OUT. I ASKED HIM IF HE W A N T E D  

TO TRA N S F E R  TO PRODUCTION, AND HE SAID YES. SO 

HE DID.

Q YOUR SUMMARY INDICATES HE T R A N S F E R R E D  TO PRODUCTION 

ON 8-13-69. IS HE STILL W O R K I N G  IN PRODUCTION?

A HE IS.

Q WAS MR. C. LYONS OFF E R E D  THE O P P O R T U N I T Y  TO T R A N S 

FER TO W A R E H O U S E M E N  AND SHIPPER?

A YES, HE WAS.

Q DID HE DO SO?

A Y E S .

THE COURT: JUST A MINUTE, MR.

EVICLYN OVER BUCK
O F F IC IA L  COUKT R E P O R T E R

v. 457*



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3 7 7

BURCH. THERE IS ENTIRELY TOO MUCH 

DI S C U S S I O N  GOING ON IN THE COURTROOM. 

THOSE OF YOU WHO ARE IN THE BACK OF 

THE ROOM W H O  ARE TALKING, I WOULD ASK 

THAT YOU W I T H D R A W  TO THE HALLWAY. I 

ALWAYS REQUEST THAT COUNSEL BE COURTEOUS 

TO OTHER COUNSEL AND NOT DISCUSS THE 

CASE WHILE CROSS E X A M I N A T I O N  IS GOING 

ON. YOU W O U L D N ’T WANT IT TO BE DONE 

WHEN YOU ARE EXAMINING A WITNESS, AND 

IT IS NOT COURTEOUS TO THE COURT OR TO 

C O U N S E L .

ALL RIGHT, MR. BURCH.

MR. BURCH: THANK YOU, YOUR

HONOR.

Q LET ME DIGRESS A MOMENT, MR. VAN OSDALL. IS

W A R E H O U S E M A N  AND SHIPPER THE JOB THAT WAS T E S T I 

FIED ABOUT EARLIER INVOLVING THE O P E RATION OF A 

FORK TRUCK?

A YES, SIR. IT IS.

Q IN YOUR EXPERIENCE IS THAT A JOB ThRf IS DEMANDING 

OR NOT D E M ANDING IN TERMS OF PHYSICAL EFFORT,

THE PACE OF THE JOB AND THE OTHER C I R C U M STANCES? 

TELL US BRIEFLY THE NATURE OF THE WORK?

A WELL, I SHOULD TELL YOU THAT USE OF THE FORK TRUCK

EVELYN OVERHECK
O F F IC IA L  COUKT HKPOHTF.R

■- 458 A



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37 8

15 INVOLVED IN TWO D EPARTMENTS MAINLY, ONE D E P A R T 

MENT BEING W A R E H O U S E M A N  AND SHIPPER. NOW, IN 

THIS CASE A FORK TRUCK DRIVER IS ON THE TRUCK 

P R A C T ICALLY EIGHT HOURS, PRACTI C A L L Y  ALL OF HIS 

W O R K I N G  TIME. THIS JOB INVOLVES MOVING RUBBER 

FROM THE PRODUCTION LINES TO THE WA R E H O U S E  AND 

FROM THE WAREHOUSE TO THE CARS OR THE TRUCKS.

PHYSICALLY IT IS THE RIDING THE TRUCK, 

THE SITTING ON THE SEAT, AND THAT SORT OF THING.

IT IS THAT SORT OF PHYSICAL ACTIVITY. 

MENTALLY IT INVOLVES KNOWING WHERE THE RUBBER IS 

TO BE STORED, KNOWING HOW TO CHECK THE WEI G H T  OF 

THE RUBBER AS IT IS PULLED FROM THE LINES.

IT REQUIRES SUCH THINGS AS A D J U S T I N G  FOR THE 

TEAR OR THE WEIG H T  OF THE GAS IN YOUR TRUCK, 

ADJUSTING FOR THE D I F FERENT TYPES OF RUBBER.

THESE FELLOWS WILL PULL RUBBER FROM 

FOUR OR FIVE DI F F E R E N T  LINES AND THESE LINES WILL 

ALL HAVE D I F FERENT RUBBER ON THEM SO HE WILL HAVE 

TO PULL FROM A-B LINES AND WEIGH THAT AND PUT IT 

INTO ITS SPOT AND ON THE NEXT TRIP PULL EROM 

C-D LINES AND PULL WITH A D I F FERENT WEIGHT, AND 

SO ON. SO THERE IS A MENTAL RE Q U I R E M E N T  TO KEEP 

THESE LINES S TRAIGHT AND THE WEIGHTS STRAIGHT,

AND SO ON.

EVELYN 0  V EJtti EC K 
o f f i c i a l  c o r  f t  i n :  p o u t e r

459 a



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Q

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CAN QUITE A SNARL RESULT IF A MAN OP E R A T I N G  ONE

OF THESE TRUCKS GETS CONFUSED AND MIXED UP AS
1

TO WHERE HE IS PUTTING HIS MATERIAL?

THE SNARL QUITE LIKELY WOULD BE OUR CUSTOMER 

GET T I N G  RUBBER HE H A D N ’T ORDERED AND GET IT MIXED 

IN HIS PLANT, AND THIS SORT OF THING. THAT WOULD 

BE THE BAD EFFECT OF IT.

IS THIS A JOB THAT HAS GOT THE BETTER OF A NUMBER 

OF EMPLOYEES IN THE PAST, WHITE AS WELL AS BLACK? 

YES. WE HAVE HAD SOME PERCENTAGE AT LEAST OF 

EMPLOYEES WHO WERE NEVER ABLE TO A CQUIRE THE 

C O M P E T E N C E  OF BEING A FORK TRUCK OPERATOR.

ALL RIGHT. NOW, WHAT DO YOU KNOW ABOUT THE C I R 

CUMSTANCES UNDER WHICH MR. LYONS LEFT THAT JOB? 

FRANKLY, HE CAME TO ME AND DI S C U S S E D  THE FACT 

THAT HE, AS BEST I REMEMBER, D I D N ’T THINK HE WOULD 

WANT TO STAY ON THAT JOB. HE WAS H A V I N G  PROBLEMS 

A C Q U I R I N G  THE K N O WLEDGE AND THE SKILL AND THE ABILI 

TO DO IT.
i

I ASKED, SAID, ’’WELL, LONNIE, W O ULD 

YOU WANT TO T R ANSFER TO P R O D U C T I O N ? ”

I ASKED YOU ABOUT MR. LYONS, C. LYONS.

THAT IS ALMOST THE SAME IN HIS CASE. I ASKED 

LORENZO IF HE WANT E D  TO TRANSFER, AND THE BEST I 

REMEMBER HE SAID HE DID, AND WE TRANSFFRRFfY HIM,

___________________________________________________________________ 3 7 9

EVEL) N O lr EEHECK
O F F IC IA L  C O UR T R E P O R T E R

4 G 0  A



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3 80

Q TO PRODUCTION?

A CORRECT.

Q DID HE AT ONE POINT AFTER THAT CHOOSE TO RETURN TO 

THE JOB AS WA R E H O U S E  LABORER?

A NO, HE DIDN'T CHOOSE. THAT WAS A LAYOFF AS I BEST 

R E MEMBER HIS CASE. AS I BEST REMEMBER, HE C O N 

TINUED AS A BALER HEL P E R  IN P R O D UCTION UNTIL THIS 

PAST AUGUST WHEN WE HAD A LAYOFF AND BECAUSE OF 

THE LAYOFF HE DIDN'T HAVE ENOUGH PRODUCTION 

SENIORITY TO HOLD BALER HELPER AND WAS TR A N S F E R R E D  

THEN BACK TO THE LABOR C L A S S I F I C A T I O N  AND THE 

LABOR DEPARTMENT. BUT HE HAS SINCE WE STARTED 

UP OUR FULL PLANT OP E R A T I O N  AGAIN BEEN T RANSFERRED 

BACK TO BALER HELPER WHERE HE IS AT THIS TIME.

Q PURSUANT TO THIS I960 OFFER DID MR. M. MURPHY R E 

CEIVE A TRANSFER?

A YES, HE DID.

Q WHERE DID HE GO?

A HE WENT TO SO-CALLED 1220, RE C E I V I N G  AND STORES, 

WHERE HE IS A FORK TRUCK DRIVER TOO. IN FACT,

I THINK HE IS DRIVING A FORK TRUCK IN OUR BOX 

FACTORY, WHICH MEANS HE MOVES BOXES AND CRATES 

ARO U N D  FOR THE LABORERS TO A SSEMBLE AND WORK ON 

AND INSPECT.

Q IS IT CORRECT OR NOT THAT ALL THE EMPLOYEES WHO

EVELYN OVEIWECK
O F F IC IA L  rol’HT KKFOKTF.K

461 A



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3 B 1

INDICATED AN INTEREST IN A TRANSFER AS A RESULT 

OF THE 1909 SURVEY WERE OFFERED A TRANSFER?

A YES, THAT IS TRUE.

Q MR. VAN OSDALL, THERE HAS BEEN PREVIOUS TESTIMONY

ABOUT AN OFFER MADE IN N O VEMBER OF THIS YEAR,

AND I WANT TO TRY TO SHORTEN IT AS MUCH AS WE 

CAN AND JUST HIT THE HIGH SPOTS. WAS THERE AN 

OFFER MADE TO A CERTAIN CATEGORY OF EMPLOYEES IN 

THE LABOR DEPARTMENT IN 1971?

A Y E S .

Q I BELIEVE YOU TE S T I F I E D  IN FACT IN THE INJUNCTION

HEARING ABOUT THIS. TELL US BRIEFLY WHAT WAS 

THE GROUP TO WHICH THE OFFER WAS MADE?

A THIS GROUP INCLUDED THE ORI G I N A L  GROUP OF THOSE 

HIRED PRIOR TO '57, PLUS THOSE EMPLOYEES HIRED 

PRIOR TO SEPTEMBER 7, 1965.

Q I WILL HAND YOU COMPANY EXHIBIT 7 AND I WILL ASK 

YOU FIRST WHETHER THE SHEET ON TOP IS A LIST OF 

THE CLASS TO W HOM YOU MADE THAT OFFER?

A IT IS.

Q AND ARE THE SHEETS U N D E R N E A T H  THE COPIES OF THE

LETTERS THAT WERE GIVEN TO EACH OF THESE EMPLOYEES'

A THEY ARE.

Q WAS THIS OFFER MADE PRIOR TO THE INJUNCTION TO ALL

OF THE EMPLOYEES ON THESE LI STS EXCEPT MR. FRED

EVELYN OVERHECK
O F F IC IA L  C O UR T R E P O R T E R

«: 4 0 : 2 A



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3 8 3

Q AND IN PARAGRAPH G HERE IS THE STATEMENT, "WHEN 

YOU T R ANSFER FROM THE LABOR DIVISION GROUP YOU 

WILL NOT RETAIN YOUR DIVISIONAL SENIORITY IN THE 

LABOR GROUP.*' WAS ANY EXPLAN A T I O N  MADE IN C O N 

NECTION WITH THAT?

A WELL, WE MADE THAT E XPLANATION THAT THEY WOULD

CARRY IT WITH THEM, AND OF COURSE WOULD NOT HOLD 

SENIORITY OF 25 YEARS IN BOTH THE LABOR GROUP AND 

THE PR O D U C T I O N  GROUP. NOW --

Q LET ME ASK YOU THIS, MR. VAN OS DAL L , JUST TO BE 

BRIEF AND TO THE POINT. DO YOU R E M E M3 E R WHE T H E R  

OR NOT AT THE TIME THESE WERE D I S CUSSED WITH THE 

EMPLOYEES AN E XPLANATION WAS MADE ON WHAT WOULD 

HAPPEN IF THEY WERE D I S Q U A L I F I E D  IN THEIR NEW 

DIVISION?

A WELL, LET ME ANSWER THAT IF I MAY BY E X P L AINING

THAT WE TALKED TO THESE EMPLOYEES SINGLY OR MAYBE 

IN GROUPS OR TWO OR THREE AND TRIED TO ANSWER ANY 

QUESTIONS WHICH THEY HAD AT THAT PARTICULAR TIME. 

NOW, I AM SURE THAT I C A N ’T R E MEMBER ALL THE 

QUESTIONS OR WHAT GROUPS MADE WHAT QUESTIONS.

I HAVE NO DOUBT IN MY MIND BUT WHAT IF THE Q U E S 

TION IN THOSE INST AN CCS WAS ASKED, ’'WHAT IF I 

FAILED", I TOLD THEM THAT THEY W O U L D  RETURN TO 

THE LABOR DEPART M E N T  AND OF COURSE HAVE THEIR

EVELYN OVERBECK~
O F F IC IA L  COUNT KKFOHTER

4 G 3 G



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3 8

Q

A

Q

A

Q

LABOR DEPARTMENT SENIORITY AS WAS.

I AM SURE OF THAT BECAUSE THAT IS A 

BASIC PROVISION IN OUR LABOR AG R E E M E N T  AND BASICAL. 

TO OUR, WE'LL SAY, INDUSTRIAL RELATIONS.

ALL RIGHT. DO YOU REMEMBER WITH CERTAINTY NOW 

WHETHER OR NOT YOU MADE THAT E X P L A NATION TO THE 

EMPLOYEES OR DO YOU REALLY KNOW?

I C OULDN'T SWEAR THAT I KNOW WITH WHOM IT WAS 

DISCUSSED, WITH WHICH GROUP OR WHICH INDIVIDUAL.

DO YOU BELIEVE IT WAS DISCUSSED WITH SOME OF 

THEM?

I'M QUITE CERTAIN IT WAS, WITH SOME. POSSIBLY 

ALL OF THEM.

MR. BURCH, I DO WANT TO MAKE THIS E X 

PL A N A T I O N  TO ONE OF YOUR EARLIER QUESTIONS. I 

AM SURE THAT WE DI S C U S S E D  THIS P ROPOSAL WITH ALL 

THOSE WHO HAD NEVER T R A N S F E R R E D  FROM THE LABOR 

DEPARTMENT. THERE WERE THOSE V/HO HAD ALREADY 

T R A N S F E R R E D  WHICH ARE INDICATED ON THE REPORT 

HERE. OF COURSE, WE DIDN'T MAKE A POINT TO THEM

OR AN EFFORT TO TRY TO GET THEM TO TRANSFER
j

SINCE THEY ALREADY HAD.

MR. VAN OSDALL, DURING THE TIME THAT THE COMPANY 

WAS USING TESTS AND HIGH SCHOOL EDUCAT I O N A L  R E 

QUIREMENTS, AND BY THAT I AM INCLUDING THE G.E.D.

EVELYN OVERBECK
O F F IC IA L



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3 8 5

TEST, WAS IT THE C O M P A N Y ’S POLICY TO APPLY IT 

EQUALLY TO SOTH WHITE AND BLACK EMPLOYEES?

A IT CERTAINLY WAS.

Q WAS IT YOUR POLICY TO APPLY IT TO ALL TRANSFERS 

TO ANY DEPARTMENT EXCEPT THE LABOR DEPARTMENT?

A IT WAS OUR POLICY TO DO THAT, RIGHT.

Q YOU DID NOT REQUIRE EMPLOYEES HIRED BEFORE 1957 

TO TAKE THE TEST OR GO BACK AND COMPLETE HIGH 

SCHOOL AS A CONDITION OF REMAINING IN YOUR E M 

PLOYMENT, DID YOU?

A NO, WE DID NOT.

Q DID YOU FEEL IT WAS P R A CTICAL OR N E C ESSARY TO MAKE 

THAT RE Q U I R E M E N T  OR POSSIBLE TO MAKE THAT R E 

QUIREMENT?

A WE D I D N ’T THINK IT W O U L D  BE POSSIBLE FOR US TO 

REQUIRE THAT.

Q YOU N E VER EVEN C O N S I D E R E D  IT, DID YOU?

A NO.

Q LET ME ASK YOU AS BRIEFLY AS I CAN ABOUT SOME

S PECIFIC MATTERS THAT HAVE COME UP IN TESTIMONY 

HERE, AND I WANT TO ASK YOU FIRST IF YOU WERE 

PRESENT DURING THE TESTIMONY BY MR. CHAPMAN C O N 

CERNING SOME FORK TRUCK JOBS THAT HE T E S TIFIED 

HAD BEEN TAKEN AWAY FROM LABORERS? WERE YOU HERE

WHEN THAT TESTIMONY WAS GIVEN?

" EVELYN OYERHECK
O F F IC IA L  CO UR T RF.FORTER

465 A



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3 8 6

A THIS REFERS BACK TO ’51? I WAS HERE WHEN THE 

TESTIMONY WAS GIVEN Y E S T E R D A Y , RIGHT.

Q BACK AROUND '51 OR '52 DID LABORERS IN THE W A R E 

HOUSE OPERATE ANY FORM OF LIFT TRUCK?

A THEY OPE R A T E D  WHAT WE KNEW AS A PLA T F O R M  TRUCK,

WHICH WAS A BATTERY O PERATED OR BATTERY PROPELLED 

MERCURY NAMED P L ATFORM TRUCK WHICH WAS USED TO 

MOVE SKIDS OF RUBBER, AND AT THAT TIME WE WERE 

STORING RUBBER ON METAL SKIDS. AT THAT TIME 

OUR RUBBER WAS ALL BAGGED, AND WHEN IT WENT INTO 

THE FREIGHT CARS IT HAD TO BE MANUALLY HANDLED 

FROM THE METAL SKIDS INTO THE FREIGHT CARS.

Q DID THE LABORERS DO THAT MANUAL HANDLING?

A THEY DID.

Q DID THEY TAKE THE SACKS OFF THE SKIDS AND STACK 

THEM IN THE CAR?

A YES .

Q DID THEY OPERATE THESE TRUCKS INTO MOVING THESE

SKIDS INTO POSITION?

A FROM THE WAREHOUSE TO THE CAR DOOR.

Q BEFORE THERE WAS CHANGE IN THAT PROCEDURE DID

EMPLOYEES IN THE CLASS OF W A R E H O U S E M E N  AND S H I P 

PER OPERATE FORK TRUCKS AT THE OTHER SIDE OF THE 

WAREHOUSE, TAKING RUBBER OFF THE PRODUCTION LIMES?

A THEY DID.

EVELYN OV Mi HECK~
O F F IC IA L  C O UR T R E F O R T R R

V. 466 A



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3 3 7

Q WAS THERE A BASIC CHANGE IN THE METHOD OF HANDLING 

RUBBER ABOUT 1951 OR '52?

A YES .

Q DID YOU BRING IN A NEW TYPE OF FORK LIFT TRUCK?

A RIGHT. THAT IS WHEN THE FORK TRUCKS CAME TO OUR 

PLANT AND REPLACED THE SO-CALLED PL A T F O R M  TRUCKS.

Q DID YOU THEN BEGIN H A NDLING RUBBER ON PALLETS OR 

BY OTHER MEANS SO THAT IT DIDN'T HAVE TO BE 

PHYSICALLY HAN D L E D  AND SACKED BAG BY BAG?

A IN THE C A R S , RIGHT, WE DID. IN OTHER WORDS, IT

WAS STACKED AT THE P R O D UCTION POINT AND THAT SAME 

STACK M A I N T A I N E D  ITS IDENTITY IN THE WA R E H O U S E  

AND THAT SAME STACK THEN WENT TO THE RAILROAD 

CAR AND THAT SAME STACK WENT INTO THE CAR AS A 

STACK.

Q WAS A D E CISION MADE AT THAT TIME TO HAVE THE

W A R E H O U S E M A N  AND SHIPPER C L A S S I F I C A T IO N  HANDLE 

BOTH PHASES OF THE JOB?

A IT WAS.

Q WAS THAT RELATED TO THE TYPE OF E Q U IPMENT AND

MA T E R I A L  HANDLING TECHNIQUE OR WAS IT RELATED TO 

THE RACE OF THE EMPLOYEES CONCERNED?

A I'M SURE IT WAS THE FORMER.

Q WAS IT D I S CUSSED WITH THE UNION, THIS CHANGE IN

WORK A S SIGNMENTS?

UVKLYN OVMWECK
O F F IC IA L  C O V ftT  RKPORTF.R



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3 8 8

A

Q

A

Q

I * M POSITIVE IT WAS.

WERE YOU INVOLVED IN THAT YOURSELF?

I HAVE SOME FAINT R E C O L L E C T I O N  OF IT, YES.

ALL RIGHT.

THE COURT: HOW MUCH MORE DO

YOU HAVE, MR. BURCH?

MR. BURCH: YOUR HONOR, I WILL

DO MY BEST TO SHORTEN IT AND I BELIEVE 

I CAN CERTAINLY FINISH BY 5:30 ON MY 

D I R E C T .

THE COURT: I SEE NO POINT

IN PUTTING YOU TO THAT. I THINK THIS 

MIGHT BE A GOOD POINT TO TERMINATE THE 

EVIDENCE FOR THE DAY.

I WOU L D  LIKE TO GET AN A S S E S S 

MENT FROM COUNSEL AS TO THE TIME N E C E S 

SARY TO COMPLETE THE EVIDENCE.

(DISCU S S I O N  OFF RECORD.)

THE COURT: I AM ANXIOUS TO

HAVE ORAL A R G U M E N T  IN A CASE OF THIS 

SORT. HOWEVER, YOU WERE PUT TO C O N 

SIDERABLE DETAIL FOR MY BENEFIT AT THE 

C O M M E N C E M E N T  OF THE EVIDENCE. I WOULD 

ASK THAT YOU LIMIT IT TO MATTERS WHICH

WERE DEV E L O P E D  IN THE EVIDENCE THAT

EVELYN OYER liKCK
O F F IC IA L  COVHT R E P O R T E R

468 A



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---------------------------------------------- W —

NEED TO BE COMMENTED UPON IN A D DITION 

TO WHAT YOU HAVE ALREADY SAID. THERE 

IS NO POINT FOR YOU TO RE-ARGUE ALL 

THE MATTERS YOU SET FORTH AS TO YOUR 

BASIC POSITION BEFORE EACH WITNESS WAS 

CALLED. I WOULD LIKE TO KNOW ANY 

ADDITIONS OR M O D I F I C A T I O NS  OR A L T E R A 

TIONS OF YOUR POSITION FOLLOWING THE 

EVIDENCE WHICH YOU CAN POINT OUT IN 

FURTHER DETAIL IN YOUR W R I T T E N  M E M O 

RANDUM.

IS THERE A N Y T H I N G  FURTHER?

WE WILL STAND A D J O U R N E D  UNTIL 

10:00 T OMORROW MORNING.

( A D J O U R N M E N T .)

469 A
EVELYN OV Eli HECK
O F F IC IA L  COURT R E P O R T E R



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3 9 0

DECEMBER 17, 1971

10:00 A.M. SESSION

THE COURT: MR. BURCH;

Q (MR. BURCH) MR. VAN OSDALL, I'M NOT SURE E X 

ACTLY WHERE WE QUIT YESTERDAY, BUT I BELIEVE WE 

HAD HAD SOME BRIEF TESTIMONY FROM YOU ABOUT THE 

FORK TRUCK OPERATION AND THE JOB OF W A R E H O U S E M A N  

AND SHIPPER. ARE THERE OTHER CLAS S I F I C A T IO N S  

IN THIS BARGAI N I N G  UNIT THAT INVOLVE THE O P E R A 

TION OF FORK TRUCKS?

A THERE ARE.

Q WOULD THAT INCLUDE ST O R E R O O M  CLERK?

A IT DOES INCLUDE THAT.

Q ANY OTHERS THAT ARF PERTINENT?

A NOT PERTINENT.

Q ALL RIGHT. YOU HAVE HEARD TESTIMONY CONCERNING

MR. PERCY VITAL, HAVE YOU NOT?

A I HAVE.

Q I WILL ASK YOU WHE T H E R  YOU BECAME AWARE OF THE 

FACT THAT MR. VITAL HAD BEEN REMOVED FROM THE 

A S S I G N M E N T  HE HAD IN OPERATING A FORK TRUCK?

A IT WAS DI S C U S S E D  WITH ME, YES.

Q WHAT OCCURRED, HOW DID YOU BECOME AWARE OF THIS

CHANGE IN CIRCUMS T A N C ES ?  ____________________________
EVELYN OVER HECK
O F F IC IA L  COURT R E P O R T E R

470 A



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1 1 1

Q

A

Q

A

Q

A

A

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A

lA

AS I RECALL HR. C O L E M A N , HIS SU P E R V I S O R  OR FORE-
*

H A N , TOLD ME THAT MR. VITAL DID NOT HAVE THE|
I

A PTITUDE TO DRIVE A TRUCK AND THAT IT WAS BOTH 

A HAZ A R D  TO HIM AND TO SOME OF THE OTHERS IF HE 

WERE TO CONTINUE TO DO SO.

AROU N D  WHAT PERIOD OF TIME DID THIS OCCUR?

THAT WAS AROUND FOUR WEEKS AFTER HE BECAME E M 

PLOYED.

W O ULD THAT HAVE SEEN EARLY IN I960 THEN?

YES .

WHAT O C C U R R E D  THEN, WHAT A S S I G N M E N T  WAS MR. VITAL 

GIVEN?

WELL, HE WAS T R A N S F E R R E D  TO THE LABOR D E P A R T M E N T  

AND PUT INTO THE JOB OF YARDMAN.

WHY WAS HE T R A N S F E R R E D  TO THE LABOR DEPARTMENT,

IF YOU KNOW?

WELL, THAT IS THE ONLY VACANCY WE HAD AT THAT 

TIME TO WHICH HE COULD QUALIFY.

WHY WAS HE NOT Q U A L I F I E D  TO MOVE INTO PRODUCTION,
I

FOR EXAMPLE?

HE IS TOO SMALL FOR OUR PRODUCTION OPERATION.

DID YOU HAVE A ST A N D A R D  ESTABL I S H E D  FOR PHYSICAL 

SIZE AT THAT TIM-?

YES, WE DID.

WHAT WAS IT?
EVELYN OVERHECK
OFF I CI AL  c o r i n ’ R E P O R T E R

471 A



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___________________________________________________________________________________________________________ ___________________________________________________________________________________________ 3- 9-2--------------------

A AT ONE TIME WE HAVE FIVE-TEN, AND THEN WE

CHANGED IT TO F I V E -EIGHT AS A M I N I M U M  HEIGHT.
I

Q DO YOU STILL HAVE THAT R E Q U I R E M E N T  OR NOT?

A YES, WE DO.

Q BRIEFLY WHY. D O  YOU HAVE THAT REQUIREMENT?

A QUITE A BIT OF THE JOB REQUIRED H ANDLING RUBBER,

E I G H T Y - P O U N D  BALES, AND PACKAGING THEM, WHICH 

MEANS THEY HAVE TO BE STACKED OR PUT IN THE 

CARTON. A SHORT MAN IS AT A TREMENDOUS D I S A D 

VANTAGE.

Q AT THAT TIME DID YOU FEEL THAT MR. VITAL COULD 

MEET THE Q U A L I F I C A T I ON S  THAT WERE THEN IN E X I S 

TENCE IN THE LABORATORY?

A HIS TEST SCORE WAS LOWER THAN ANY WE HAD EVER 

HIRED IN THE LABORATORY, T R A N S F E R R E D  TO THE 

LABORATORY, AND AT THAT TIME WE DID NOT THINK THAT 

HE WOULD BE AN A C C E PTABLE EMPLOYEE IN THE L A B O R A 

TORY .

Q AT THE TIME HE WAS D I S Q U A L I F I E D  ON THE FORK TRUCK

J03 WERE THERE ANY OTHER BLACK EMPLOYEES WHO WERE
f

S U C C E S S F U L L Y  PE R F O R M I N G  THAT JOB IN THAT DEPART-
I

MENT?

A IN THE LABORATORY?

Q NO, FORK TRUCK.

A YES , THERE WERE.

A l Z f i

EVELYN OVER HECK
OFF I CI AL  COUR T l tF.RORTKR



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____________________________________ _____ _______________________ L9J___

Q WAS THERE A MR. OTIS BAY, FOR EXAMPLE, WHO WAS 

BLACK?

A YES, THERE WAS.

Q ASSIGNED TO THAT DEPART M E N T  AND O P E RATING A FORK

TRUCK?

A YES .

Q ALL RIGHT. STATE W H E T H E R  OR NOT THE MATTER OF

MR. VITAL'S A S S I G N M E N T  WAS OF ANY CONCERN TO 

YOU BACK IN 19G6?

A WELL, I'M SURE IT WAS A CONCERN BECAUSE OF THE 

FACT THAT WE WERE C O N T INUING IN OUR EFFORTS TO 

TRANSFER BLACKS INTO OTHER D EPARTMENTS AND HERE 

WAS AN EMPLOYEE WHO HAD PASSED OUR TEST FOR E M 

P L OYMENT INTO OTHER DEPARTMENTS AND HAD THE N E C 

ESSARY E D U C A T I O N A L  QUAL I F I C A T I ON S  AND OF COURSE 

IT WAS A CONCERN FOR US TO GET HIM INTO A JOB 

WHERE WE COULD UTILIZE HIS ABILITY.

Q WERE YOU AWARE THAT HE HAD INDICATED AN INTEREST 

IN T R A N S F E R R I N G  TO ANO T H E R  D EPARTMENT?

A I KNEW IN GENERAL, IN A GENERAL WAY.

Q YOU HEARD MR. V I T A L ’S TESTIMONY THAT FOR SOME

EIGHTEEN MONTH PERIOD HE CAME UP TO THE PERSONNEL 

ABOUT ONCE A MONTH. DID YOU HAVE ANY INFORMATION 

INDICATING THAT HE HAD COME UP THAT OFTEN?

A NO, I DID NOT HAVE.

EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

- 473 A



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3 9 4

Q EARLY IN 1968 DID YOU RECEIVE A COPY OF A CHARGE 

FILED BY THE EQUAL EM P L O Y M E N T  OPPORT U N I T Y  C O M M I S 

SION?

A YES, I DID.

Q DO YOU REMEMBER ABOUT WHAT TIME OR WHEN THAT WAS 

SERVED ON THE COMPANY?

A FRANKLY I DON'T REMEMBER THE EXACT DATE. I R E 

MEMBER THAT IT WAS ABOUT, IT WAS EARLY IN THE 

YEAR. THE EXACT MONTH I THINK WAS JANUARY, BUT 

I'M NOT SURE.

Q DO YOU RECALL THAT MR. VITAL WAS ONE OF THE MEN 

WHO SIGNED THE CHARGE?

A YES, I RECALL.

Q THE CHARGE, OF COURSE, IS IN EVIDENCE, BUT DO

YOU RECALL W H E T H E R  OR NOT THAT CHARGE COMPLAINED 

THAT HE HAD BEEN IMPROPERLY D I S Q U A L I F I E D  AS A 

FORK TRUCK DRIVER?

A I RE M E M B E R  THAT THERE WAS NO MENTION OF THAT AS 

BEING A FACT IN THE CHARGE.

Q DID YOU DO AN Y T H I N G  WITH R E F ERENCE TO MR. VITAL

AS A RESULT OF R E C EIVING THAT CHARGE OR NOT? TELL 

US WHAT OCCURRED.

A WELL, WE AGAIN DISCUSSED THE PROBLEM OR THE FACT 

THAT MR. VITAL HAD BETTER Q U A L I F I C A T I ON S  THAN WF

REQUIRED IN OUR LAB OR D E P A RTMENT AND WE TALKED
EVELYN OYER BECK
O F F IC IA L  COURT RF.FOUTF.R

474



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TO LABORATORY M A N A G E M E N T  TO SEE IF THEY WOULDN'T 

GIVE HIM AN O P P O R T U N I T Y  TO TRANSFER TO LABORATORY 

TECHNICIAN. WE D I S CUSSED IT WITH THEM AND HE WAS 

TRANSFERRED.

Q WHAT, IF ANYTHING, DID YOU DISCUSS -- DID YOU TALK 

WITH MR. ALBRECHT?

A YES .

Q IN SUBSTANCE WHAT DID YOU TELL MR. ALB R E C H T  ABOUT 

THE TRANSFER?

A WELL, I TOLD MR. A LBRECHT THAT HERE WAS A BLACK 

EMPLOYEE THAT WE WAN T E D  TO GET INTO ANOTHER D E 

P A RTMENT IF WE COULD AND THAT HE HAD SOME COLLEGE 

EDUCATION, HE HAD PASSED OUR SCORE, ON THE 

M I N I M U M  SIDE BUT HE HAD DONE IT, OUR TEST, AMD 

WE SURE WISHED THAT ME WOULD MAKE EVERY EFFORT TO 

HAVE HIM BECOME AN ACCEPTABLE, LABORATORY T E C H NICIAN 

AND TO GIVE HIM A TRIAL.

Q ALL RIGHT. MR. VAN OSDALL, HOW ARE VARIOUS P O S I 

TIONS W I T H I N  THE LABOR D E P A RTMENT FILLED?

A WITHIN THE LABOR DEPARTMENT?

Q YES .

A WELL, FIRST LET ME SAY THAT IN THE LABOR DEPARTMENT 

AS SHOWN IN THE CONTRACT THERE IS WA R E H O U S E  LABOR 

AS A CLASSIFICATION. NOW, PEOPLE CLASSI F I E D  AS

W A R EHOUSE LABOR WORK IN OUR D E P A RTMENT 1400, WHICH

EVELYN OVER liECK
OFF I CI AL  COUR T R E P OR T  Kit

475 A



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IS OUR RUBBER W A R E H O U S E  AND OUR BOX FACTORY.

SO THOSE WA R E H O U S E  LABORERS ARE BY THEMSELVES 

IN THAT RESPECT.

WE HAVE ANO T H E R  GROUP OF LABORERS WHO 

ARE ALSO IN THE LABOR DEPART M E N T  WHO ARE IN D E 

PARTMENT 1911, AND THIS D E P A R T M E N T  INCLUDES 

YARDMEN AND JANITORS.

NOW, IN THE FIRST PLACE WE HAVE AN U N D E R 

S T ANDING THAT IF AN EMPLOYEE HAS A CHOICE, I 

SHOULD SAY, BY SENIORITY IF HE WANTS TO BE A 

WA R E H O U S E  LABORER OR IF HE WANTS TO BE A D E 

PARTMENT 19.11 LABORER, OR A SSUMING HE WANTS TO 

BE A DE P A R T M E N T  l*+00 W A R E H O U S E  LABORER, THEN HE 

WORKS IN THE BOX FACTORY OR IN THE RUBBER W A R E 

HOUSE. A SSUMING ON THE OTHER HAND THAT HE WANTS 

TO BE A LABORER IN DEPARTMENT 1911, HE HAS THE 

CHOICE OF BEING A JANITOR OR A YARDMAN. NOW,

IF HE CHOSES TO BE A JANITOR HE HAS HIS CHOICE 

OF THE A REA HE IS TO BE A JANITOR IN BY SENIORITY. 

A S S U M I N G  HE WILL BE A YARDMAN, HE HAS MADE THE 

CHOICE TO BE A YARDMAN, HE HAS THE CHOICE YEARLY 

OF THREE OR FOUR A S S I G N M E N T S  WITHIN THE YARDMAN 

CLASSIFICATION.

FRANKLY, I D O N ’T REMEMBER THE DETAILS

OF THOSE ASSIGNMENTS, BUT I KNOW ONE IS LAWN

EVELYN OVERHECK
O F F I C I A L  COUR T R E P O R TE R

•- 476 A



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CHAIR OR TAKING CARE OF THE OUTSIDE GRASS AND 

THE SHRUBBERY IN OUR PLANT. WE HAVE ANOTHER 

GROUP THERE OF MISC E L L A N E O US  WORK.

WE ALSO HAVE ANOTHER CHOICE OF THE SO- 

CALLED SOAP HOPPER, WHICH MEANS THAT THESE PEOPLE, 

THESE PARTICULAR TYPES OF YARDMEN, TAKE CARE OF 

THE S E R VICING OF CHEMICALS TO THE VARIOUS D E P A R T 

MENTS WITHIN THE PLANT.

Q HAS MR. JOHNSON, FOR EXAMPLE, HAD THE OPPORTUNITY

THROUGH THE EXERCISE OF HIS SENIORITY TO WORK ON 

OTHER JOBS WITHIN THE LABOR DE P A R T M E N T  OTHER THAN 

JANITOR?

A Y E S .

q  DOES HE HAVE SU F F I C I E N T  SENIORITY THAT HE COULD

PR03AULY CHOOSE MOST JOBS THAT HE DESIRES WITHIN 

THE LABOR DEPARTMENT?

A YES.

Q HAS THE COMPANY F O LLOWED ANY PRACTICE OF ASSIGNING 

WHITE EMPLOYEES IN THE LABOR DEPART M E N T  DlFFERENTL 

THAN BLACKS?

A I NEVER HEARD OF THAT AND I WOULD BELIEVE THAT

IF IT HAD OCCURRED I WOULD HAVE HEARD.

Q HAVE YOU HEARD ANY GRIEVANCE OR C O M PLAINT THAT

MR. MC ELROY, FOR EXAMPLE, A WHITE IN THE LABOR

DEPARTMENT, WAS IMPROPERLY PERMITTED TO DRIVE THE

EVELYN OVERHECK
O FF I C I A L  COUR T R E P O R TE R

477«



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JL 2.&

PICKUP TRUCK?

A WELL, THAT COULD HAVE OCC U R R E D  SOME YEARS AGO.

IN MORE RECENT YEARS IT HAS BEEN ACCEPTED, AND 

JUST A YEAR AGO BLACKS HAD THE S E N IORITY RIGHT 

TO CHOOSE THAT JOB, BUT THEY DID NOT DO IT.

Q I BELIEVE THERE HAS BEEN T E S TIMONY THAT A MR.

LYONS DROVE THAT TRUCK AT ONE TIME. ARE YOU 

FAMILIAR WITH THAT?

A YES, I AM IN A GEN E R A L  WAY.

Q DO YOU KNOW WHETHER ANY OTHER BLACK EMPLOYEES HAVE 

WORKED ON THAT TRUCK SINCE MR. MC ELROY HAS BEEN 

IN THE DEPARTMENT?

A SINCE HE HAS BEEN IN THE DEPARTMENT?

Q YES. DO YOU KNOW?

A I DO KNOW THAT A BLACK EMPLOYEE BY THE NAME

OF EDWARD YANCEY W O R K E D  ON THAT JOB AT ONE TIME, 

AND THE EXACT TIME I'M NOT SURE, W H E T H E R  IT WAS 

SINCE MC ELROY WAS IN THE D E P A RTMENT OR NOT.

Q MR. Y A N C E Y ’S EM P L O Y M E N T  T E R M INATED DUE TO HIS
I

DEATH?

A HE IS NOW DECEASED, YES.

Q THERE IS TESTIMONY S U G G E S T I N G  THAT MR. MC ELROY

MIGHT HAVE BEEN A S S I G N E D  AS A G U ARD AT ONE POINT. 

LET ME ASK YOU FIRST, ARE THE GUARDS IN THE

O P E R A T I N G  ENGINEERS B A R G A I N I N G  UNIT?

EVELYN OVER HECK
O F F IC IA L  c o r n e r  HF.FOKTFR

i 4 78 A



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3 9 9

A THEY ARE NOT. i
I

Q DID MR. MC ELROY RECEIVE AN A S S I G N M E N T  TO BE* A 

GUARD?

A HE DID NOT.

Q DID HE WORK AT ANY TIME AS A GUARD?

A NO , HE DID NOT.

Q THERE WAS SOME TESTIMONY MR. MC ELROY HAD BEEN 

AS S I G N E D  ONCE AS AN OILER. WOULD YOU TELL US 

WHAT THE FACTS ARE IN THAT REGARD?

A THAT IS TRUE. HE WOR K E D  FOR FIVE DAYS AS AN 

OILER. WHEN WE D I S C O V E R E D  HE HAD BEEN PLACED 

THERE W I T H O U T  THE Q U A L I F I C A T I ON S  OF THE EDUCATION 

AND THE TESTING R E Q UIREMENTS WE T R A N S F E R R E D  HIM 

BACK. IT WAS AN ERROR.

Q WHEN DID THAT OCCUR, APPR O X I M A T E LY ?

A THAT WAS IN NOVEMBER, AS I REMEMBER, OF 1965.

Q HOW LONG DID MR. MC ELROY THEN REMAIN IN THE 

LABOR DEPARTMENT?

A HE R E MAINED IN THE LABOR D E P A R T M E N T  UNTIL NOVEMBER

1971, THIS PAST MONTH.
I

Q WHERE WAS HE T R A N S F E R R E D  THEN?
I

A HE WAS TR A N S F E R R E D  TO THE M A I N T E N A N C E  DEPARTMENT 

AS REPAIR MECHANIC.

Q THERE WAS SOME TESTIMONY --

A MR. BURCH, I AM NOT POSITIVE WHE T H E R  IT WAS

EVELYN OVERHECK
O F F IC IA L  C O UR T R E P O R T E R

479 ft



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Q

A

Q

A

Q

A

Q

A

____________________________0 0 ...

NO V E M B E R  OR OCTOBER. IT V/AS ONE OF THOSE Tvjo
I

MONTHS. I

ALL RIGHT. THERE WAS TESTIMONY BY MR. CHARLES 

BEAN Y E S TERDAY ABOUT A DISABLED MAN HAVING BEEN 

OFFERED AN OPPORT U N I T Y  TO BUMP MR. BEAN. I WILL 

ASK YOU THIS, HAS IT BEEN THE PRACTICE WITH R E 

GARD TO EITHER BLACKS OR WHITES TO PERMIT D I S 

ABLED EMPLOYEES UNDER CERTAIN CIRCUMSTANCES TO 

BUMP JUNIOR EMPLOYEES?

YES, IT HAS. WE HAVE HAD THAT PRACTICE AT VARIOUS 

TIMES.

ARE YOU FAMILIAR WITH THE CASE MR. BEAN REFERRED 

TO?

YES. I AM QUITE SURE IT WAS THE ONE HE WAS R E 

FERRING TO.

WAS THAT CASE H A N D L E D  ANY DI F F E R E N T L Y  THAN YOUR 

E S T A B L I S H E D  PRACTICE AS FAR AS YOU KNOW?

WELL, IT WASN'T HAN D L E D  ANY DIFFERENTLY. IT 

TURNED OUT DIFFER E N T L Y  IN THAT MR. BEAN WAS NEVER

BUMPED, AS HE TESTIFIED.
I

ALL RIGHT. MR. B E A N  TE S T I F I E D  A B OUT AN INCIDENT 

EARLY IN HIS EM P L O Y M E N T  WHEN HE WAS S U S PENDED TWO 

WEEKS FOR SOME KIND OF ALTERCATION. ARE YOU 

FAMILIAR WITH THAT CASE?

YES. ____________________
EVELYN OYERHECK
O F F IC IA L COURT UTF.R

in

L



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4 0 1

Q WHAT HAS BEEN THE COMPANY'S PRACTICE WITH R E 

SPECT TO D I S C I P L I N A R Y  ACTION WHEN EMPLOYEES E N 

GAGE IN FIGHTS OR ALTERCATIONS?

A A SUSPENSION, TIME OFF WIT H O U T  PAY.

Q HAVE WHITE EMPLOYEES IN THE PAST BEEN SUSPENDED 

FOR EN G A G I N G  IN FIGHTS OR ALTE R C A T I O N S?

A DEFINITELY.

Q AS LONG AS TWO WEEKS?

A YES .

Q DO YOU KNOW ABOUT ANY BLACKS BESIDES MR. BEAN,

OTHER THAN MR. BEAN, WHO HAVE BEEN SUSPENDED FOR 

E NGAGING IN A FIGHT OR ALTERCATION?

A ANY EMPLOYEES BESIDES MR. BEAN?

Q YES, SIR.

A I DON'T RECALL JUST HOW MANY.

Q WAS MR. BEAN SUSPENDED ON THE. GROUNDS OF HIS RACE

IN THIS INCIDENT OR NOT?

A TO TRY TO PROVE A POINT --

Q LET ME JUST ASK YOU TO STAY WITH THE QUESTION.

A NO, I AM SURE NOT.

Q MR. BEAN TESTIFIED THAT YOU TOLD HIM IN SUBSTANCE 

THAT HE W O U LDHAVE TO ACCEPT TWO W E E K S 'SUS PENS I ON 

OR BE FIRED. DID YOU GIVE HIM THAT A L TERNATIVE?

A THAT SOUNDS UNLIKELY THAT I WOULD HAVE SAID THAT 

TO HIM.

EVELYN OYERBECK
O F F IC IA L  COURT R E P O R T E R

-*■ 481A



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4 0 2

Q AS FAR AS YOU RECALL

A I MIGHT WELL HAVE SAID TO HIM, " F I GHTING ON THE 

PLANT IS AN OFFENSE ON WHICH DISCHARGE IS J U S T I 

FIABLE."

OUR RULE BOOK. I MAY WELL HAVE SAID THAT TO 

HIM, SAYING THAT WE WANT YOU TO RECOGNIZE THIS 

BUT WE ARE GOING TO MODERATE THE SUSPENSION TO 

BE TWO WEEKS OFF WIT H O U T  PAY.

Q WAS MR. B E A N ’S CASE HANDLED ANY DIFFER E N T L Y  THAN 

OTHER DISCIP L I N A R Y  MATTERS HAVE BEEN HANDLED IN 

THE PAST?

A I D O N ’T THINK SO.

Q MR. VAN OSDALL, HAVE YOU HAD AVAILABLE TO YOU

OVER THE YEARS THE PREVIOUS UNION CONTRACT GOING 

BACK TO 1944?

A I HAVE.

Q SINCE THAT TIME HAS SOME FORM OF D E P A R T M E N T A L

SENIORITY BE IN EFFECT IN THE PLANT UNDER THESE 

CONTRACTS?

A YES, ITHAS.

Q UNTIL THE 1970 CONTRACT N E G O T I A T I O N  WAS ANY

S U B S T A N T I A L  M O D I F I C A T I O N  MADE IN THE D E P A R T M E N T A L  

SENIORITY CONCEPT IN EFFECT IN THE BARGAINING

IN FACT, WE HAVE SUCH A STATEMENT IN

EVELYN OVER HECK
UNIT?



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A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

NO.

UP UNTIL THIS TIME HAS THE COMPANY RE C E I V E D  FROM 

THE UNION OR ANY EMPLOYEE ANY GR I E V A N C E  SEEKING 

TO STOP THE COMPANY FROM USING TESTS AND E D U C A 

TIONAL R E Q UIREMENTS FOR TRANSFERS?

NO.

YOU HAVE SEEN, HAVE YOU NOT, A LETTER FROM MR. 

TEAGUE IN O CTOBER OF 1970 WHICH THE UNION INTENDS 

TO USE AS AN EXHIBIT HERE?

I HAVE SEEN SUCH A LETTER.

WITH THE EXCEPTION OF THAT LETTER IN NEGOTIATIONS 

OR OT H E R W I S E  HAS THE UNION CONTENDED TO THE C O M 

PANY THAT IT SHOULD STOP USING TESTS AND EDUCATION 

REQUI R E M E N T S  FOR TRANSFERS OR HIRING?

NO.

THERE WAS TESTIMONY YESTERDAY ABOUT A RACE R E L A 

TIONS COMMITTEE OR A COMMITTEE OF SOME SORT THAT 

MR. CHARLES DEAN HAS P A R T I C I P A T E D  IN. ARE YOU 

FAMILIAR WITH THAT?

I AM.

HAVE YOU MET WITH MR. BEAN AND A COMMITTEE?

I HAVE, OR WE HAVE.

HAVE YOU ENGAGED IN COLLECTIVE BARGAI N I N G  WITH 

THAT COMMITTEE?

N O . __________
EVELYN OVERHECK
O F F i r / M I  / r t  ' / V ' X  R E P O R TE R433*



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. H Q

Q HAVE YOU ENGAGED IN THE HANDLING OF GRIEVANCES 

WITH THAT COMMITTEE? |

A NO.

Q WHAT WAS YOUR MOST RECENT MEETING WITH THE C O M 

MITTEE?

A NOV E M B E R  18TH.

Q WAS MR. BEAN PRESENT?

A YES .

Q AT THE C O N C L U S I O N  OF THAT C O M MITTEE DID MR. BEAN 

MAKE ANY COMMENT CO N C E R N I N G  THE STATUS OF RACIAL 

MATTERS AT THE PLANT?

A HE SAID WE WERE GETTING ALONG FINE.

Q I WANT TO DIRECT YOUR AT T E N T I O N  BRIEFLY TO A COPY

OF COMPANY EXHIBIT 6. IS THIS A SET OF S E N IORITY 

LISTS THAT THE COMPANY PREPARED IN THE USUAL 

COURSE OF BUSINESS?

A YES, IT IS.

Q DO YOU PREPARE THESE PERIOD I C A L L Y  AND FURNISH THEM

TO THE UNION?
I

A QUARTERLY.

Q QUARTERLY. NOW, ON THE EXHIBITS, ON THIS LIST,

IN P R E P A R A T I O N  FOR THE HEARING AND AT MY REQUEST 

HAVE YOU HAD SOMEONE INDICATE THE RACE OF THE 

EMPLOYEES?

A I HAVE.

EVKLYX OYERHECK
o f f i c i a l  c o c h t  r e t o r t e r

■_ 484-ft



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4 0 5

Q HAS THE H A N D W R I T T E N  N OTATION OF N BEEN USED TO 

INDICATE NEGROES?

A YES .

Q HAS THE H A N D W R I T T E N  NOTATION OF H SEEN USED TO 

INDICATE SPANISH S URNAMED AMERICANS?

A THAT'S CORRECT.

Q FOR EXAMPLE, ON THE S E N IORITY LIST FOR LABORERS, 

D E P A R T M E N T  1800, FOR MR. E. DAWSON, THERE IS A 

NOTE OF 7N, INDICATING HE IS NEGRO?

A THAT IS CORRECT.

Q IN WOR K I N G  ON THESE LISTS IN PR E P A R A T I O N  FOR THE

HEARING AP P A R E N T L Y  YOU HAVE LINED OFF SOME NAMES. 

FOR EXAMPLE, ON THE SAME LIST MR. G. SMITH, MR.

D. SMITH AND MR. M E N D O S A  HAVE BEEN LINED OFF.

WHAT WAS THAT INTEND'D TO INDICATE?

A THEY T R A N S F E R R E D  FROM THAT SENIORITY DEPART M E N T  TO

ANOTHER.

Q ALL RIGHT. SO YOU HAVE MADE AN EFFORT TO SEE THAT 

THE EMPLOYEES DON'T APPEAR ON THE TWO LISTS, IS
I

THAT CORRECT?

A RIGHT. i

Q LET ME DIRECT YOUR A T T E N T I O N  TO THE LIST FOR P R O 

DUCTION, AND I WILL ASK YOU TO TURN OVER TO THE 

DATES IN 1902 AND DIRECT YOU TO MR. A. EATMAN,

FOR EXAMPLE. IS MR. EATMAN A NEGRO WHO WAS HIRED
EVELYN OVERBECK
O F F IC IA L  COURT R E P O R T E R

4 8 5  ft



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______________________________ _______

IN PRODUC T I O N  ON 7-14-G2?

A HE IS A NEGRO WHO WAS HIRED AT THAT TIME, THAT'S 

RIGHT.

Q I NOTICE THERE ARE OTHER MEN HERE WHO HAVE ANOTHER

S E N IORITY DATE. WHAT DOES THE P ARENTHESES I N D I 

CATE?

A THE PAREN INDICATES THAT IS HIS PLANT SENIORITY. 

THE OTHER HERE IS HIS D I V I SIONAL SENIORITY.

Q WOULD THAT INDICATE ALSO THAT THE INDIVIDUAL HAS 

BEEN T R A N S F E R R E D  FROM ELSEWHERE IN THE PLANT 

INTO THE PRODUCTION DEPARTMENT?

A YES, THAT IS TRUE.

Q ALL RIGHT. AND THAT SAME GENERAL FORMAT IS

USED TH R O U G H O U T  THESE EXHIBITS OR S E N IORITY LISTS, 

IS THAT CORRECT?

A YES, IT IS.

Q LET ME ASK YOU --

A IN SOME CASES WE HAVE MADE SOME CHANGES, BUT I 

GUESS THOSE DON'T APPEAR ON THIS LIST.

Q WHAT KIND OF CHANGES? DO YOU HAVE SOME ADJ U S T E D  

SENIORITY DATES IN USE?

A YES, WHERE AN EMPLOYEE HAS BEEN LAID OFF AND

RETURNED AND THOSE W O U L D  APPEAR IN SOME INSTANCES, 

I BELIEVE.

Q ALL RIGHT. LET ME ASK YOU ON THE LAST -- WELL,

EVELYN OVER HECK
OF F I CI A L  COUR T R E P O R T E R

486 &



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4 0 7

NEXT TO THE LAST PAGE UNDER PR O D U C T I O N  YOU HAVE 

SOME H A N D W R I T T E N  ENTRIES, DO YOU NOT?

A YES .

Q WERE THOSE PUT IN THERE IN AN EFFORT TO BRING

THAT P A R T ICULAR LIST UP TO DATE THROUGH NOVEMBER?

A THAT IS RIGHT.

Q MR. A. D. HODGES APPEARS WITH THE DATE OF 7-2-71, 

AND A N O T A T I O N  "TESTED". DO YOU KNOW WHAT THE 

CIRC U M S T A N C ES  ARE IN MR. H O D G E S ’ CASE? DOES HE 

HAVE AN A D JUSTED DATE?

A YES, HE DOES. THE C I R C U MSTANCES ARE THAT MR.

HODGES WAS HIRED O R I G I N A L L Y  IN APRIL, ON APRIL 

2 1S T , AND AT THAT TIME HE WAS TESTED. THEN HE 

WAS LATER LAID OFF AND NOW SINCE THEN HE HAS BEEN 

RECALLED AND HIS ADJ U S T E D  DATE, ADJ U S T E D  SERVICE 

DATE, IS 7-2-71.

Q MR. HODGES IS A NEGRO?

A THAT IS RIGHT. HE WAS ACTUALLY TESTED WHEN HE

WAS ORIGIN A L L Y  HIRED, WHICH WAS IN APRIL 21, 1971.

MR. BURCH: MAY I HAVE JUST

A MOMENT, YOUR HONOR. I THINK I AM 

READY TO CONCLUDE.

THE COURT: ALL RIGHT.

MR. BURCH: I WOULD LIKE TO

OFFER IN EVIDENCE AT THIS TIME COMPANY
EVEL 1 N 0 VEREECK
OFF I CI AL  COUR T R E P O R TE R

487 ft



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* * 0  8

EXHIBIT 20, THE PRODUCTION PROCESS 

CHART DI S C U S S E D  BY THE WITNESS Y E S T E R 

DAY.

MR. WHEAT: NO OBJECTION.

MRS. MC DONALD: NO OBJECTION.

MR. BURCH: PASS THE WITNESS.

THE COURT: EXHIBIT 20 IS

ADMITTED.

CROSS EXAMINE, MRS. MC DONALD.

CROSS E XAMINATION

BY MRS. MC DONALD:

Q MR. VAN OSDALL, Y E S TERDAY YOU T E S TIFIED ABOUT 

GOODYE A R ' S  A F F I R M A T I V E  ACTION PROGRAM AND YOU 

M E N T I O N E D  CONTACTS HAD BEEN MADE WITH A NUMBER 

OF SOURCES THAT YOU THOUGHT WOULD PRODUCE M INORITY 

APPLICANTS, IS THAT CORRECT?

A RIGHT.

Q NOW, YOU MEN T I O N E D  T.S.U., THE N.A.A.C.P, THE

Y.M.C.A., TAMPA, A.C.A.A., TEXAS E M P L O Y M E N T  C O M 

MISSION, URBAN LEAGUE, WH E A T L E Y  AND WORTHING. 

W H EATLEY AND WORTHING ARE HIGH SCHOOLS IN HOUSTON 

ATT E N D E D  PREDO M I N A N T LY  BY MINORITIES.

A THAT IS CORRECT.

Q WHEN WAS YOUR EARLIEST CONTACT WITH ANY OF THESE

“  E VI<,7,) Ar 0 1 ’Eli HECK ~
o f f i c i a l  c o r i n '  hf. p o u t e r

• 4 88



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JtQJl

AGENCIES?
I

A WELL, OUR EARLIEST CONTACT WITH TEXAS EMPLOYMENT 

AS SUCH WAS FOR GENERAL EMPLOYMENT, NOT FOR 

MINORITIES. IS THAT YOUR QUESTION?

Q WELL, YOU CAN ANSWER THE TEXAS E M P L O Y M E N T  C O M M I S 

SION, AND THEN YOU CAN ANSWER FOR OTHERS.

A OKAY, THE EARLIEST CONTACT WITH TEXAS EMPLOYMENT

WAS IN THE 5 0 ’S. OUR EARLIEST CONTACT WITH THE 

CENTRAL Y.M.C.A. -- I ’M QUOTING THESE DATES FROM 

MEMORY -- WAS AT LEAST THREE OR FOUR YEARS AGO.

Q 1969, W O U L D  THAT BE ABOUT RIGHT?

A OR EARLIER.

Q DO YOU RECALL CONTACTING -- IS THIS WHE E L E R  A V E 

NUE?

A Y E S .

Q BRANCH OF THE Y.M.C.A?

A YES .

Q DO YOU RECALL C O N T ACTING THAT BRANCH PRIOR TO 1909?

A YES .

Q CAN YOU GIVE ME THE YEAR THAT YOU FIRST CONTACTED

IT PRIOR TO I960?

A NO. I AM TRYING TO FIT THE DATE IN THE FACT THAT 

AT ONE TIME I WAS ACTIVE AT THE EAST END Y.M.C.A.

I TALKED TO PAUL JURY, THE SECRETARY OVER THERE,

AND ASKED HIM WHO I SHOULD CONTACT AT THE WHEELER

EVELYN OVERBUCK
O F F IC IA L  COURT R E P O R T E R

'• 489A



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M O

Y.M.C.A. HE GAVE ME THE NAME OF THE SECRETARY 

AT THAT TIME, AND FITTING THIS RACK INTO PLACE 

I HAV E N ' T  DEEN ACTIVE TO EAST END Y.M.C.A. FOR 

THREE OR FOUR YEARS, BUT I CAN'T FIX A DATE IN 

MY MIND BETTER THAN THAT.

Q THEN IT COULD NOT HAVE BEEN EARLIER THAN I960,

IS THAT CORRECT?

A I WOULD NOT CLAIM IT COULD HAVE BEEN.

Q NOW, FOUR YEARS AGO WOULD HAVE BEEN 1967. COULD 

IT HAVE BEEN EARLIER THAN 1967?

A THAT WAS ABOUT THE TIME.

Q NOW, DOES Y.M.C.A. NORMALLY REFER APPLICANTS FOR 

EMPLOY M E N T ?  IS THIS ONE OF THEIR FUNCTIONS?

A NO.

Q HAVE YOU RECEIVED ANY A P P L ICANTS RE F E R R E D  BY 

Y.M.C.A.?

A YES .

Q WHEELER AVENUE?

A YES, A FEW.

Q CAN YOU GIVE ME THE NAMES OF ANY?
i

A OH, NO.
j

Q ARE THEY BLACK OR WHITE?

A THEY WERE BLACK.

Q THEY WERE R EFERRED AFTER ’67 OR AFTER '69?

A I'M SURE IT MUST HAVE BEEN PRIOR TO ’69. I KNOW

EVELYN OYERHECK
O F F IC IA L  COURT R E P O R T E R

400



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4 1 1

AFTER '67/ BUT IN THAT TIME PERIOD.

Q WHEN WAS THE CONTACT MADE WITH TEXAS SOUTHERN
I

UNIVERSITY, DR. TURNER? j

A WELL, DR. TURNER HAS TALKED TO US FOR THREE YEARS 

NOW AND WE HAVE BEEN DISCUSSING MI NOR ITY E M P L O Y 

MENT WITH HIM. IN FACT, WE P ARTICIPATE IN HIS 

PROGRAM.

Q WHAT YEAR WOULD THAT BE?

A *68.

Q NOW, DID DR. TURNER CONTACT GOODYEAR OR DID G O O D 

YEAR CONTACT DR. TURNER?

A DR. TURNER C O N TACTED GOODYEAR.

Q HOW LONG HAS GOO D Y E A R  BEEN IN C O M M U N I C A T I ON  WITH

THE N.A.A. C . P . ?

A WELL, THIS HAS BEEN A SPORADIC CONTACT. I KNOW

I TALK E D  PERSONALLY TO DR. DAVIS A COUPLE OF YEARS 

AGO, BUT IT W A S N ’T A CO N T I N U I N G  CONTACT THAT WE 

HAD WITH THEM.

IF I MAY SAY SO M E T H I N G  OTHER THAN THAT--

Q IF YOU COULD JUST GIVE ME THE ANSWER. YOU SAY A
j

COUPLE OF YEARS AGO YOU SPOKE WITH HIM. WHEN WAS 

THE C ONTACT MADE TO SECURE MINORITY APPLICATNS, 

WHAT YEAR?

A THAT IS THE ONLY D I S C USSION I HAD WITH HIM ABOUT

ANYTHING, A COUPLE OF YEARS AGO.

EVELYN OY ERliEC K~
O F F IC IA L  COURT RF.FORTFR

4 0 1  «



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*»12
Q WAS IT YOUR TESTIMONY YESTERDAY THAT THE BI 4

RACIAL COMMITTEE THAT WAS FORMED THIS YEAR, 1071, 

S U G GESTED N.A.A.C.P. AND THAT WAS THE TIME THAT 

YOU SEC U R E D  N.A.A.C.P. AS A SOURCE FROM THE BI- 

RAC IAL COMMITTEE?

A I SAID THAT. MR. BEAN, CHARLES BEAN, WHO IS ON 

THE BI-RAC IAL COMMITTEE, AND I D I S CUSSED THAT WE 

WOULD AP P R E C I A T E  HAVING HIM BRING TO US BLACK 

APPLICANTS WHO WERE QUALIFIED, AND ESPECIALLY IN 

OUR M A I N T E N A N C E  DEPARTMENT.

Q DID MR. BEAN SUGGEST THAT GOODYEAR CONTACT N.A.A.C

A HE MAY WELL HAVE, BUT I THOUGHT HE WAS GOING TO 

CONTACT THEM ALSO.

Q NOW, HAS GOODYEAR CO N T A C T E D  N.A.A.C.P. SINCE THE 

B 3 - RACIAL COMMITTEE MEETING?

A NO.

Q WHERE THAT SOURCE WAS MENTIONED?

A NO.

Q NOW, THE EARLIER CONTACT WITH N.A.A.C.P., WHEN
|

YOU SAID YOU HAD DI S C U S S I O N S  WITH REVEREND DAVIS 

WHAT WERE THESE D I S C U S S I O N S  ABOUT?

A WELL, I KNOW OF SUCH THINGS AS WE HAVE BOUGHT

TICKETS TO THEIR ANNUAL DINNER AND HAD OUR EMPLOYE I 

GO TO THEIR ANNUAL DINNER. I RE M E M B E R  THAT SPE-

e y e l y s  o y e r  h e c k
O F F IC IA L  COURT R E P O R T E R

- 4B2A

CIFICALLY



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i l l

Q HAVE YOU TALKED WITH REVEREND DAVIS ABOUT S E C U R 

ING M I N O R I T Y  A P P L I CANTS?

A NOT RECENTLY I H A V E N ’T.

Q HAVE YOU TALKED WITH REVEREND DAVIS ABOUT S E C U R 

ING MI N O R I T Y  APPLICANTS?

A I D O N ’T BELIEVE THE C O N V E R S A T I O N  WAS DIR E C T E D  TO 

T H A T , NO.

Q ALL RIGHT. NOW, YOU ARE FAMILIAR WITH THE URBAN 

LEAGUE, AREN'T YOU?

A YES, TO A POINT.

Q DO YOU KNOW THAT ONE OF THE MAJOR PROGRAMS OF

THE URBAN LEAGUE IS TO PROVIDE JOBS FOR MINORITIES' 

A THAT IS RIGHT.

Q DO YOU KNOW ABOUT THAT?

A YES, I HAVE SAT IN ON MEETINGS WITH THE URBAN

LEAGUE TO DISCUSS THAT.

Q HAVE YOU CONTACTED THE URBAN LEAGUE IN AN EFFORT 

TO SECURE MIN O R I T Y  AP P L I C A N T S ?

A Y E S .

Q WHEN WAS THE CONTACT FIRST MADE?
i

A AS I STATED YESTERDAY OR EARLIER WE MADE CONTACT
i

FOR AN A P P L I C A N T  BY THE NAME OF WALTER FOREMAN 

WHO WAS HIRED ON OR ABOUT JULY 23RD AS A PLANT 

GUARD AND HE WAS REF E R R E D  TO US BY THE URBAN 

L E A G U E .

E VELYN 0  \ 'Eli HECK
O F F I C I A L  COT If T  R E P O R T E R

- 493R



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Q YOU SAY JANUARY 23RD?

A NO. j

Q JULY 2 3RD? |

A JULY 23RD.

Q OF THIS YEAR?

A YES. I KNOW THAT WE HAVE TRIED TO GET THEM TO

REFER TO US SOME PEOPLE IN THE FIELD OF CHEMICAL 

E N G I N E E R I N G  AND THEY JUST HAVEN'T BEEN ABLE TO 

TURN UP ANYBODY.

Q N O W , DID GOODYEAR CONTACT THE URBAN LEAGUE OR 

DID URBAN LEAGUE FIRST CONTACT GOODYEAR?

A WELL, I WOULD RATHER SAY THAT MR. W E S T  FROM THE 

A.E.C. S U G GESTED THAT WE MEET WITH THE URBAN 

LEAGUE, WHICH WE DID.

Q WAS THIS THE FIRST MEETING WITH THE URBAN LEAGUE? 

A YES .

Q NOW, MR. WEST IS THE INVESTIGATOR WITH THE ATOMIC 

ENERGY COMMISSION.

A HE IS.

Q AND MR. WEST FIRST MET WITH GO O D Y E A R  IN JANUARY
|

OF THIS YEAR?
I

A THAT IS RIGHT.

Q IS THAT CORRECT?

A YES .

Q HAVE YOU HAD DISCUS S I O N S  WITH A MR. ALP H O N S O

'EVELYN OY EH BECK
O F F IC IA L  C O V E T  REFORTF.R

, 494ft

______________________________________________________________ ___________ **1



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D R UMMOND WITH THE URBAN LEAGUE? |

A YES. ' |

Q WHAT POSITION DOES MR. DRUMMOND HOLD?

A AT THE TIME I MET WITH HIM IT WAS IN A GROUP AND

IT WAS THEIR H E ADQUARTERS ON CAROLINE, OR IS IT 

BLODGETT?

Q ON BLODGETT.

Q ON BLODGETT. WHEN I WOULD GO BACK THEY TOLD ME

MR. DR U M M O N D  HAD BEEN T R A N S F E R R E D  TO ANOTHER 

LOCATION, SO AT THE TIME I TALKED TO HIM HE WAS 

THE DIRECTOR OF THE -- HE WAS THE MAN IN CHARGE 

AT THE BLODGETT LOCATION, BUT WHAT HIS POSITION 

NOW IS I DON'T KNOW.

Q DID MR. DRUMMOND COMMENT ON HIS EFFORTS TO S E 

CURE MIN O R I T Y  A P P L ICANTS FOR JOBS AT GOODYEAR?

A DID HE COM M E N T  ON HIS EFFORTS?

Q DID HE TELL YOU THAT HE HAD BEEN TRYING TO SECUPvE 

APPLIC A N T S ?

A I D O N ’T REMEMBER HIM EVER SAYING THAT TO ME.
I

Q DID HE TELL YOU THAT HE HAD ANY DIFFICULTY S E C U R 

ING BLACKS, S P E C I F I C A L L Y  TO APPLY FOR JOBS WITHI

G O O D Y E A R .

A HE TOLD ME THAT HE HAD DIFFICULTY OR -- EITHER

HE OR HIS SU C C E S S O R  SAID THAT THEY HAD DIFFICULTY

SECURING BLACK PROFESSIONALS.

___________________________________________________________ _________ *+15

EVELYN OVERHECK
O F F IC IA L  c o d i n '  KKPOliTKR

■ 495 f )



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Q DID HE TELL YOU —  EXCUSE ME.

A THIS WAS THE IMMEDIATE NEED THAT WE H A D , AND THE

IMMEDIATE NEED THAT WE ASKED THE URBAN LEAGUE 

TO HELP US ON.

Q DID HE GIVE YOU ANY REASON WHY HE WAS HAVING 

DIFFICULTY SECURING APPLIC A N T S ?

A NO.

Q DID MR. DR U M M O N D  TELL YOU THAT THERE WAS A FEELING 

AMONG THE SLACK C O M MUNITY THAT THE ONLY JOB THEY 

COULD GET AT G OODYEAR WAS A LABOR JOB?

A HE DID NOT 5AY THAT.

MR. BURCH: THAT IS COMPLETELY

I RRELEVANT.

A HE DID NOT SAY THAT.

Q DID HE COMMENT THE BLACK COMMUNITY HAD A NEGATIVE 

FEELING ABOUT JOB OPPO R T U N I T I ES  AT GOODYEAR?

A NO, HE DID NOT SAY THAT. HE DID NOT DEFINITELY 

SAY THAT.

Q SO IS IT TRUE THEN THAT THE FIRST EFFORTS THAT

WERE MADE TO RECRUIT MINORITIES WAS MADE IN 1067 

WHEN YOU HAD A D I S C U S S I O N  CO N C E R N I N G  THE WHEELERI

AVENUE Y.M.C.A.?

A NO.

Q WHAT WAS DONE BEFORE 1907 THROUGH THE TEXAS E M P L O Y 

MENT? THE TEXAS E M P L O Y M E N T  C O M M ISSION IS NOT AN

EVELYN OYER HECK
O F F IC IA L  COVUT HKFOItTF.R

. 49G A

L 1 6



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*»1 7

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

O R G A N I Z A T I O N  D E SIGNED TO REFER M I NORITY APPLICANTS 

WE HAD EFFORT BEING MADE WITH THE N ATIONAL A S S O 

CIATION OF BUSINESS MEN, THE N.A.B., AND THEY HAD 

THE PLAN SET UP FOR US TO CONTACT THE TEXAS E M 

PLOYMENT COMMISSION, WHICH WE DID, AND WHICH HAS 

BEEN VERY S U C C E S S F U L  IN R E F ERRING TO US BLACK 

A P P L I C A N T S .

AND WHITE?

YES .

DO YOU KNOW TEXAS EMPLOYMENT CO M M I S S I O N  CANNOT 

REFER YOU JUST BLACK APPLIC A N T S ?

I U N D E R S T A N D  THAT, BUT OF THOSE THEY REFER WE ARE 

AT LIBERTY TO HIRE W H O M  WE WANT, AMD WE TOOK 

THE BLACKS THAT THEY REFERRED TO US AND HIRED 

THEM.

ALL OF THEM?

OH, C E R TAINLY NOT.

NOW, THIS PROGRAM THAT DR. TURNER HAS IS SOMETHING 

LIKE A W O R K - S T U D Y  PROGRAM, IS THAT WHAT IT IS?

IT IS.

DO THE PERSONS THAT HE REFER WORK IN THE SUMMER 

OR THE YEAR LONG?

S U M M E R .

IT IS YOUR TESTIMONY THAT IN 19G2 THERE WAS A

CHANGE IN THE POLICY OF THE COMPANY WITH RESPECT

EVELYN OYER HECK
O F F IC IA L  COURT RKFOKTKR

497fl



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1 8
TO E M P L O Y M E N T  OF BLACKS, IS THAT CORRECT?

A IN 1962 WE PUT BLACKS INTO WHAT HAD PREVIOUSLY

BEEN ALL CAUCASIAN SENIORITY GROUPS. THAT IS 

CORRECT.

Q PRIOR TO 1962 DID GOODYEAR HAVE EITHER A PRACTICE 

OR POLICY OF NOT E M P LOYING BLACKS FOR JOBS OTHER 

THAN LABOR?

A WE DID NOT HAVE A POLICY THAT SAID THAT. WE HAD 

A PRACTICE WHICH RESULTED IN THAT, YES.

Q NOW, IN 1962 DID N A TIONAL OFFICE OF THE PRESIDENT 

OF G O O D Y E A R  SIGN, ALONG WITH PRESIDENT JOHNSON, 

PLANS FOR PROGRESS, IS THAT SO?

A THAT IS CORREDT.

Q IS THIS WHY THE H O U S T O N  PLANT THE FIRST TIME IN 

1962 HIRED A BLACK IN THE J03 OTHER THAN LABOR?

A YES. WE WERE P A R T I C I P A T I NG  IN THE PLAN FOR 

P R O G R E S S .

Q Y E S TERDAY YOU TE S T I F I E D  ABOUT THE P OSSIBILITY OF 

EXPLOSIONS AT G O O D Y E A R ’S PLANT. HAVE THERE BEEN 

ANY E X P L OSIONS DURING THE TIME THAT YOU HAVE 

BEEN THERE?

A FORTUN A T E L Y  THERE HAVE NOT BEEN EXPLOSIONS. THERE 

HAVE BEEN FIRES WHICH COULD HAVE CAUSED AN E X 

PLOSION.

Q ARE THERE ANY SAFEGUARDS THAT ARE BUILT INTO THE

EVELYN OVERHECK
O F F IC IA L  COURT RK



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_________ _____________________________________________ -_______

MA C H I N E R Y  THAT IS USED TO GUARD AGA I N S T  E X P L O 

SIONS?

A WELL, THERE ARE SAFEGUARDS BY PRESSURE RELIEF

VALVES, YES, BUT THOSE ARE NOT RATED IN A MANNER 

THAT COULD TAKE CARE OF ANY AND EVERY SERIOUS 

THING THAT MIGHT OCCUR.

Q DOES G OODYEAR AT ITS HOUSTON PLANT HAVE ANY JOB 

D E S C R IPTIONS?

A NOT FORMALLY, NO, WE DO NOT.

Q SO YOUR TESTIMONY IS TODAY A3 OUT WHAT EMPLOYEES

DID IN THE PRODUCTION DEPARTMENT, IN THE UTILITIES 

DEPARTMENT, IS FROM YOUR OWN OBSERVATION, IS THAT 

RIGHT?

A YES, IT WAS.

Q WHEN DID YOU FIRST BECOME PERSONNEL DIRECTOR?

A IN O CTOBER 15, 1950.

Q AND HAVE YOU WORKED AT THE HOU S T O N  PLANT BEFORE?

A NO.

Q HAVE YOU EVER W O R K E D  IN THE P R O D UCTION DE P A R T M E N T

-- DID YOU WORK UP THROUGH THE RANKS, SO TO 

SPEAK, OR DID YOU JUST COME IN AS PERSONNEL 

DIRECTOR?

A I CAME IN HERE AS P E R SONNEL DIRECTOR. I HAD

WORKED IN THE PLANT IN AKRON WHEN I FIRST JOINED

EVELYN OYERHECK
O F F IC IA L  C O UR T R E P O R T  HR

40!) ft

THE COMPANY



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A2_a
Q WHAT JOB DID YOU HAVE?

A WHEN I FIRST JOINED THE COMPANY?

Q YES .

A I WAS ON A TRAINING SQUADRON, SO TO SPEAK, WHICH

MEANS THAT THEY HAVE A FORMAL PROGRAM FOR BRINGING 

COLLEGE GRADUATES IN TO THE O R G A N I Z A T I O N  BY 

LETTING THEM LEARN THE VARIOUS JOBS THROUGHOUT 

THE PLANT ON A P ROGRAM BASIS, SO- C A L L E D  GOODYEAR 

TRAINING SQUADRON.

Q AND YOU TRAINED EMPLOYEES FOR WHAT JOBS?

A I M I S U N D E R S T O O D  YOUR QUESTION.

Q FOR WHAT JOBS?

A WAS I TRA I N E D  FOR?

Q YES .

A WELL, I WAS TRAINED TO BUILD TIRES, TO MIX

RUDDER ON MILLS, TO CURE TIRES AND POT HEATERS,

TO CURE HEELS, VU L C A N I Z E  HEELS.

Q WHAT IS THAT E Q U I VALENT TO HERE AT THE HOUSTON 

PLANT?

A THERE WOU L D N ' T  BE A DIRECT P A RALLEL WITH' OUR

JOBS, FRANKLY. I MEAN, I COULDN'T CLAIM THAT.

IN A D D I T I O N  TO THAT I HAD O N - T HE-JOB TRAINING 

AND THE A S S I G N M E N T  OF WORK, WHICH INCLUDED GOING 

TO THE S Y N THETIC RUBBER PLANT IN AKRON AND R E 

VIEWING THOSE JOBS AND DISCUSSING THE MAKE-UP AND
‘ ~  EVELYN OVEEKECK

O F F IC IA L  COirUT R F, FO R T HR

. 500 A



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WHAT THE EMPLOYEES WERE REQUIRED TO DO WITH THE 

UNION IN AKRON.

Q NOW, R E F E R R I N G  TO COMPANY'S EXHIBIT 20, THE JOBS 

TO THE LEFT OF THE ROAD ARE GE N E R A L L Y  THE HIGHER 

PAYING JOBS WITHIN THE OPERATORS' GROUP, IS THAT 

CORRECT?

A THAT IS CORRECT.

Q AND IS IT TRUE THAT MOST OF THESE JOBS, EXCEPT

PERHAPS THE RE D U C T I O N  BALANCE OPERATOR ABOUT WHICH 

YOU T E S T I F I E D  YESTERDAY WERE HELD BY THE OLDEST 

EMPLOYEES IN TERMS OF SENIORITY?

A THE JOBS TO THE RIGHT OF THE ROAD?

Q NO, THE LEFT. LIKE REACTOR OPERATOR, FOR EXAMPLE.

A LET ME BE SURE I UN D E R S T A N D  YOUR QUESTION. THE

JOBS TO THE LEFT OF THE EXHIBIT ARE THE JOBS 

LI.KE PLUMBERI ZATION AND REACTOR AREA. YOUR 

QU E S T I O N  IS THAT THOSE ARE HELD BY THE OLDEST 

EMPLOY E E S ?

Q GENERALLY, YES.

A WELL, QUITE A FEW OF THE OLDEST EMPLOYEES WORK 

IN THAT AREA, YES.

MR. BURCH: MAY I HAND THE

WITNESS A COPY OF THAT CHART IF YOU ARE 

GOING TO BE ASKING HIM ABOUT IT.

AND THE C O NTRACT ALSO.
EVELYN OYER HECK
O F F IC IA L  COUNT KKP O RTE R

\ 501A

__________________ 1

ANY OBJECT I O N ?



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*♦22

MRS. MC DONALD: NO, THAT

IS FINE.

Q PR O M O T I O N  W I T H I N  THE PRODUCTION D E P A R T M E N T  IS

MADE ON THE BASIS OF DIVISION SENIORITY IN THAT

DEPARTMENT, IS THAT RIGHT?

A THAT IS TRUE.

Q A PERSON USES HIS D I VISION SENIORITY IN COMPETING 

WITH OTHER EMPLOYEES TO GET THE NEXT HIGHER JOB, 

IS THAT CORRECT?

A THAT IS TRUE.

Q SO THEN G E N E R A L L Y  THE OLDER EMPLOYEES ARE GROUPED

ON REA C T O R  OPERATOR, MONOMERE RECOVERY AND 

P U R I F I C A T I O N  OPERATOR, P O L Y M E R I Z A T I O N  AREA RELIEF 

OPERATOR, IS THAT CORRECT?

A WELL, TO A POINT. WE HAVE OLD EMPLOYEES WHO P R E 

FER, HOV/EVER, TO BE DRIER OPERATORS AND SOME 

JOBS ON THE FINISHING A REA ON THE RIGHT SIDE OF 

THE CHART ARE C O N S IDERED TO BE P R E FERRED JOBS.

THE FACT IS SHOWN FOR CERTAIN IN OUR SENIORITY 

LIST, W H A T E V E R  EXHIBIT THAT IS, THAT SENIORITY 

LIST SHOWS WHERE THE OLD EMPLOYEES WERE.

Q WOULD YOU AGREE V.’ITH ME THAT THERE ARE MANY PRE- 

57 EMPLOYEES WOR K I N G  THE OPERATORS JOBS TO THE 

LEFT OF THE ROAD?

A OH, YES.

~ EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

- 5012 A



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4 2 3
I

Q NOW, YOU T E S T I F I E D  THAT WHEN THE PLANT FIRST:
|

OPENED IN '43 THERE WAS ONE TYPE OF RUBBER P R O 

DUCED AND NOW THERE IS SOMETHING LIKE 50 TYPES?

A I DON'T KNOW THAT I SAID ONE. THERE WERE VERY 

FEW, BUT SINCE I DID SAY 50, SAY AS OF NOW.

Q WELL, IN ANY CASE W H A T E V E R  THE N U M B E R  WAS IN THE 

BEGINNING, THE PROCESS HAS BECOME MORE C O M P L I 

CATED AND MORE IS BEING DONE, IS THAT CORRECT?

A THAT IS TRUE.

Q THESE PRE-57 EMPLOYEES HAVE NOT LOST THEIR JOBS 

AS A RESULT OF THESE CHANGES, HAVE THEY?

A NO.

Q THEY HAVE GROWN, SO TO SPEAK, WITH THE CHANGES, 

IS THAT CORRECT?

A Y E S .

q IS IT TRUE THAT THERE HAVE BEEN INSTANCES WHERE 

PERSONS HAVE P ROMOTED DIRECTLY FROM BALER HELPER 

IN THE PRODUC T I O N  TO THE TOP JOB, PRODUCTION

BALANCE OPERATOR?
I

A YES. |

Q WITHOUT WOR K I N G  INTERMEDIATE JOBS?

A YES, THAT IS TRUE.

Q THOSE PERSONS HAVE PE R F O R M E D  S A T I S F A C T O R IL Y ?

A AFTER QUITE A PERIOD OF TRAINING, YES, IN MOST

EVELYN OVERBECK
O F F I C I A L  COUR T KF.FOKTER

. 503 a

CASC-ft



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____________________________ _________ ____________________________ U-2-U----

Q LONGER THAN USUAL?

A I BEG YOUR PARDON?

Q LONGER THAN USUAL?

A YES, LONGER THAN USUAL.

Q WHAT W O ULD BE THE NORMAL PERIOD OF TIME IT WOULD 

TAKE TO TRAIN A PRODUC T I O N  BALANCE OPERATOR?

A WELL, FOR HIM TO ACQUIRE FULL COMPETENCE FROM A 

BALER HEL P E R  TO PR O D U C T I O N  BALANCE, AT LEAST A 

YEAR.

Q AND ISN'T IT TRUE THAT IT IS MOT NECESSARY, THOUGH, 

TO OCCUPY EACH OF THE OPERATORS JOBS BETWEEN 

BALER HELPER AND P R O D U C T I O N  BALANCE OPERATOR TO 

BE ELIGIBLE TO 3ID ON THAT TOP JOB?

A THAT IS TRUE.

Q IT IS NOT LIKE A LINE OF P ROGRESSION WHERE YOU 

WORK YOUR WAY UP?

A THAT'S RIGHT, UNFORTUNATELY.

Q WHAT DOES A DRIER O P E R A T O R  READ?

A READ?

Q READ, YES.

A WELL, HE READS S P E C I F I C A T I ON S  WHICH RELATE TO THAT 

JOB; HE READS CHARTS; HE READS DIALS; HE READS 

GAUGES. HE ALSO READS THE TYPE OF RUBBER THAT 

HE IS P R O DUCING THAT THE ORDER SAYS, THAT SORT 

OF THING.

EVELYN OVERHECK
O F F IC IA L  C O UR T RK FO R TE It

504- A



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Q DID YOU TESTIFY YESTERDAY THAT UNDER THE PRESENT 

SYST E M  MOST OF THE PRODUCTION BALANCE OPERATOR 

JOBS ARE HELD BY THE JUNIOR EMPLOYEES BECAUSE 

OF THE SO M E W H A T  UNDESI R A B L E  ASPECTS OF THE JOB?

A I WOULD MAKE THAT GEN E R A L  STATEMENT, BUT AGAIN, 

THAT WOULD BE S U P PORTED BY THE SENIORITY LIST.

I THINK THAT IS TRUE IN GENERAL.

Q RIGHT BEFORE THE TIME THAT THE UNION FILED FOR 

THEIR INJUNCTION AFTER THE COMPANY IN NOVEMBER 

HAD MADE, OR I GUESS IT WAS EARLIER, THE COMPANY 

HAD MADE THE UNILAT E R A L  CHANGE OR P E R M ITTING C E R 

TAIN EMPLOYEES TO TRANSFER OUT OF THE LABOR D E 

PARTMENT BRINGING THEIR PLANT SENIORITY WITH 

THEM, AT THIS PERIOD OF TIME WERE THERE A NUMBER 

OF V A C ANCIES THE COMPANY KNEW WERE GOING TO OCCUR?

A THERE WERE.

Q WHY WERE THESE VACANCIES GOING TO OCCUR?

A WELL, AT THAT TIME I SHOULD EXPLAIN THAT WE WERE

STARTING UP SOME LINES WHICH HAD BEEN SHUT DOWN 

P R E V IOUSLY DUE TO A CUT IN OUR TICKET, AND THE 

R E S U M P T I O N  OF PR O D U C T I O N  ON THOSE LINES WAS 

PLANNED FOR, THE PERIOD WHEN THESE EMPLOYEES 

HAD THE CHANCE TO TRANSFER.

Q NOW THEN, W HEN THE UNION WAS ABLE TO SECURE THEIR

INJUNCTION THESE V A C ANCIES T H E MWERE FILLED BY_______
" EVELYN OYER KECK

O F F IC IA L  COURT RF.FORTHR

.. 505 A

_________________________ **25___________



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< ♦ 2 6

EMPLOYEES BASED ON THEIR DIVISION SENIORITY,

IS THAT CORRECT?

A THAT IS CORRECT.

Q THERE IS NO P R O VISION FOR A BUMPING OF EMPLOYEES 

OFF OF A JOB UNDER THE LABOR C ONTRACT EXCEPT FOR 

THE DIS A B L E D  SIT U A T I O N  YOU M E N T I O N E D  EARLIER,

IS THAT CORRECT?

A WELL, IF YOU V/ILL LET ME SAY THAT ALSO IF AN E M 

PLOYEE IS SURPLUS TO HIS JOB, IF THAT WERE THE 

OCCASION, THEN HE COULD BUMP, BUT OTHER THAN 

THOSE THE ANSWER TO YOUR QUESTION IS NO.

Q HOW MANY VACANCIES A P P R O X I M A T E LY  WERE FILLED D U R 

ING THE PERIOD OF TIME THAT THE COMPANY WANT E D  TO 

MAKE THE U N I L A T E R A L  CHANGE AND THE TIME THAT THE 

UNION GOT THEIR INJUNCTION?

A I NEED TO EXPLAIN MY ANSWER IAI THIS MANNER, THAT 

WE HAD FIFTEEN J03 VACANCIES TO FILL ORIGINALLY. 

NOW, WHEN YOU FILL A VACANCY YOU CREATE ANOTHER 

BY THE PERSON BIDDING, SO THERE IS A CHAIN REACTION 

SET UP. SO IN TOTO THERE WERE QUITE A FEW VAC A N C I E  

POSTED, BUT THERE WERE FIFTEEN NEW JOBS IN THE 

OPE R A T O R  GROUP.

Q AND THERE WOULD HAVE TO BE THEN AT LEAST THIRTY 

VACANCIES THAT O CCURRED IF YOU INCLUDE THE NEW 

VACANCIES?

EVELYN OYER HECK
O F F IC IA L  COURT R E P O R T E R

- 50(> Pi



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________________________________________________________________*4 2 7

A BECAUSE OF TURNOVER, BECAUSE OF MOV I N G  WITHIN THE 

G R O U P .

Q BUT THERE VERY WELL MIGHT HAVE BEEN MORE THAN

THIRTY VACANCIES BECAUSE THERE IS OFTEN A NUMBER 

OF M O V EMENTS INVOLVED; IS THAT TRUE?

A THAT IS TRUE.

Q THE OFFER MADE TO THE EMPLOYEES AT THIS TIME TO 

BRING THEIR SENIORITY WAS THIS OFFER MADE TO 

P R E - S E P T E M B ER  1965 MI N O R I T Y  EMPLOYEES WHO HAD 

BEEN HIR E D  INITIALLY IN THE LABOR DEPARTMENT?

A THAT IS TRUE.

Q NOW, IS THERE ANY ONE WAY UNDER THE CONTRACT P R O 

VISION FOR THIS GROUP OF EMPLOYEES WHO RECEIVED 

THE OFFER THAT THE COMPANY MADE, IS THERE ANY 

WAY FOR THEM TO SECURE THE VACANCIES THAT THEY 

COULD NOT BID ON AS A RESULT OF THE U N I O N ’S 

INJUNCTION?

A T H E R E ’S BEEN NO WAY ESTABLISHED, NO.

Q IN OTHER WORDS, THEY C A N ’T BUMP THE PEOPLE OFF

THE JOB, RIGHT?

A RIGHT.

Q SO THIS GROUP OF EMPLOYEES HAVE TO WAIT FOR THE 

VACANCIES TO OCCUR, IS THAT CORRECT?

A THAT IS RIGHT.

Q YESTERDAY YOU T E S TIFIED ABOUT THE OPENING OF THE
EVELYN OYEEHEA'K
O F F IC IA L  COURT R E P O R T E R

5 0 7 A



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WING STAY OPERAT O R ' S  JOB AND YOU TE S T I F I E D  THATI

THERE WERE SOME C L A S S R O O M  TRAINING, IS THAT | 

CORRECT?

A THAT IS CORRECT.

Q NOW, HOW DID THE COMPANY DETERMINE WHO AMONG

THE EMPLOYEES IN THE PRODUC T I O N  WAS ABLE TO SECURE 

THIS C L A S S R O O M  TRAINING? WAS IT BASED ON DIVISION 

SENIORITY?

A DIVISION, YES.

Q SO THE PERSONS WHO WERE ABLE WITH THE MOST DIVISION 

SE N I O R I T Y  TO BID ON THAT JOB RE C E I V E D  THE TRAINING, 

IS THAT RIGHT?

A THAT IS CORRECT.

Q SINCE 1965 WHEN THE WING STAY O P E R A T O R ’S JOB WAS 

FIRST C REATED HAVE THERE BEEN ANY VACANCIES IN 

THAT POSITION?

A YES, THERE HAVE.

Q IS THAT POSITION FILLED ON THE BASIS OF AN EMPLOY El:

D I V I S I O N  SENIORITY?
|

A IT IS, P R O D UCTION DIVISION.
I

Q HAVE THE SUCCES S F U L  BIDDERS ON THE WING STAY
!

OPERAT O R ' S  JOB BEEN GIVEN ANY CL A S S R O O M  TRAINING 

OR HAVE THEY LEARNED ON THE JOB?

A SINCE THE ORI G I N A L  GROUP?

Q YES .

4 2 8

EVELYN OVERBECK
OF F I CI A L  COUR T R E P O R TE R

-• 508 A



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4 2 9

A LARGELY 0 N - T HE-J03 TRAINING. SOME STUDY IN AM 

OFFICE.

Q WITH THE EXCEPTION OF THE WING STAY OPERATOR'S 

JOB IN PRODUCTION ALL OF THE J03S ARE -- WELL,

ALL OF THE PEOPLE WHO DID ON JOBS IN THE PRODUCTION 

EXCEPT FOR WING STAY ARE TRAINED ON THE JOB?

A THAT IS TRUE.

Q YESTERDAY YOU T E S TIFIED THAT THERE WAS A PLANT 

EX P A N S I O N  IN 1957, OR WAS IT 1955, WHEN THE NEW 

PLANT WAS BUILT?

A THE PLANT WAS BOUGHT ON APRIL 7, 1955. AFTER IT

WAS P U R CHASED AND THE PLANS FOR E X P ANSION STARTED 

AND C O N S T R U C T I O N  FOLLOWED SO THAT THE EXPANSION 

WAS PUT INTO OPERATION IN 1957.

Q BETWEEN 1957 AND 19G2 WAS THERE AN INCREASE, A

S I G N I F I C A N T  INCREASE IN THE WORK FORCE OF GOODYEAR;

A WELL, THE S I G N I FICANT INCREASE WAS IN THE 1957 

TIME WHEN WE EMPLOYED OR HIRED PEOPLE TO STAFF 

THE NEW PLANT. THERE HAVE BEEN INCREASES SINCE 

THEN, BUT THAT WAS THE S I G N I F I C A N T  TIME.

THE COURT: MRS. MC DONALD,

I'M GOING TO INTERRUPT YOU AT THIS POINT. 

WE WILL HAVE A RECESS A LITTLE EARLIER 

THIS MORNING IN VIEW OF SOME COURT

BUSINESS THAT MUST BE TAKEN CARE OF.

EVELYN OVERKECK
O F F IC IA L  COO F T  KKCOKTF.il

■ 50!)



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WE WILL RECESS AT THIS TIME FOR

FIFTEEN MINUTES.

(SHORT RECESS.)

THE COURT: MRS. MC DONALD.

Q (MRS. MC DONALD) MR. VAN OS D A L L , YESTERDAY WHEN

YOU T E S T I F I E D  YOU SAID YOU ARE THE E.E.O. OFFICER.

A THAT IS CORRECT.

Q WHAT IS THAT POSITION?

A IT MEANS THAT I AM RESPONSIBLE FOR FURTHERING 

THE A D V A N C E M E N T  OF MINORITIES IN OUR PLANT.

q IS THIS UNDER THE EXECUTIVE ORDER?

A IN EFFECT, YES.

Q GOO D Y E A R  HAS BEEN A G O V E R N M E N T  C O N T RACTOR SINCE 

1962, IS THAT CORRECT?

A YES.

q AND IS IT YOUR UNDER S T A N D I NG  OF THE EXECUTIVE

ORDER THAT G O V E R N M E N T  CONTRACTORS ARE REqUIRED TO 

INSTITUTE AN A F F I R M A T I V E  ACTION PROGRAM TO R E 

CRUIT M I N O R I T I E S ?

A YES.

q NOW, WAS THIS A F F I R M A T I V E  ACTION PROGRAM AS YOU 

HAVE D E S C R I B E D  IT INSTITUTED PURSUANT TO THAT 

R E S P O N S I B I L I T Y ?

A WAS THIS EXECUTIVE ORDER WHAT? ________________
EVELYN OV Eli HECK
O F F IC IA L  COURT R E P O R T E R

510 ft



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<♦3 1

Q NOW, Y E S TERDAY YOU TESTIFIED THAT THERE WAS THIS
I

E X P ANSION OF G O O D Y E A R  ABOUT IN 1957. IS IT
|

TRUE THAT BETWEEN 1957 AND 1962 WHEN THIS E X P A N 

SION WAS GOING ON THAT GOODYEAR DID NOT EMPLOY 

A SINGLE BLACK PERSON EXCEPT MR. N A T H A N I E L  

BEAN?

A DID NOT EMPLOY A SINGLE BLACK PERSON? IN WHAT 

D EPARTMENT?

Q IN ANY CAPACITY?

A FROM 1957 TO 19G2 WE DID NOT EMPLOY A SINGLE 

CLACK PERSON. WAS THAT YOUR QUESTION?

Q YES.

A THAT IS NOT TRUE. I MEAN, I T H O U G H T  YOU WERE

AWARE OF THE FACT THAT WE EMPLOYED^*. L. JOHNSON, 

FOR EXAMPLE.

Q I D I D N ’T MEAN THEY W E R E N ’T EMPLOYED, I MEAN

DURING THE TIME AFTER YOU BUILT THE NEW PLANT 

IS IT TRUE THAT G O O D Y E A R  DID NOT HIRE, FROM ’57 

JO *02, A SINGLE BLACK?

A I WOULD Q UESTION THAT THAT IS TRUE.
I

Q I ’M GOING TO SHOW YOU --

A LET ME SAY TO YOU THAT WE E MPLOYED PEOPLE WHO 

DID NOT WORK FOR US LONGER. THIS SHOWS PEOPLE 

PRESENTLY EMPLOYED.

Q OKAY.

EVELYN OVERHECK 
official corrrr reporter

511 ft



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__________________________________________________________________

MRS. MC DONALD: LET ME HAVE

THIS MARKED FOR IDENTIFICATION.

YOUR HONOR, I WOULD LIKE TO 

HAVE MARKED FOR I D E N T I FICATION PLAINTIFF'S 

EXHIBIT 19.

Q MR. VAN OSDALL, I'M GOING TO SHOW YOU WHAT HAS

BEEN MARKED AS PLAINTIFF'S EXHIBIT 19 AND ASK YOU 

TO TELL ME WHAT THIS IS.

A THIS IS THE LIST OF NEGROES PRESENTLY E M PLOYED AT 

OUR PLANT IN THE O P E R A T I N G  ENGINEERS DIVISION.

Q NOW, I AM GOING TO ASK YOU TO EXAMINE THIS LIST

AND SEE IF YOU CAN FIND FOR ME THE NAME OF A B L A C K , 

WITH THE E X C EPTION OF MR. NA T H A N I E L  BEAN, WHO 

WAS E MPLOYED BETWEEN 1957 AND 1962, INITIALLY E M 

PLOYED HERE.

A HERE IS C. LYONS.

Q MY QU E S T I O N  IS BETWEEN 1957 AND '62.

A ALL RIGHT.

Q WAS A SINGLE BLACK E M PLOYED OTHER THAN N A T HANIEL

BEAN?

MR. BURCH: MAY WE SEE WHAT

SHE IS SHOWING THE WITNESS, YOUR HONOR?

THE COURT: I HAD ASSUMED

THAT YOU K N E W ’ ABOUT IT.

MR. BURCH: NO, I DON'T KNOW

EVELYN ()VEItliE('K~
O Fh'K 'lAI .  COURT R E P O R TE R

5.12 A



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Q NOV/ THEN 

HI RED A

WHAT THIS IS. |

MRS. MC DONALD; THIS IS!WHAT 

YOU PROVIDED US, THE LIST OF MINORITY 

EMPLOYEES, BLACKS.

MR. BURCH: WE PROBABLY PUT

THAT IN EVIDENCE AS ONE OF OUR EXHIBITS.

IS THAT THE SAME AS COMPANY EXHIBIT 8?

THE COURT: ALL RIGHT.

PLAINTIFF'S EXHIBIT 19 IS THE SAME AS 

COMPANY EXHIBIT 8. ALL RIGHT.

THE WITNESS: I WILL TESTIFY

THAT THERE IS NO BLACK PRESENTLY EMPLOYED 

WHO WAS HIRED DURING THAT PERIOD.

MRS. MC DONALD: YOUR HONOR,

I WON'T INTRODUCE PLAINTIFF'S EXHIBIT 

19.

THE COURT: ALL RIGHT.

MRS. MC DONALD: BUT I WOULD

LIKE THE RECORD TO R EFLECT MR. VAN OSDALl
I

MADE REFERENCE TO WHAT IS EQ U I V A L E N T  TO 

WHAT IS DE F E N D A N T  COMPANY'S EXHIBIT NO. I 

THE COURT: ALL RIGHT.

, IN 1962 THE COMPANY FOR THE FIRST TIME 

BLACK IN A JOB OTHER THAN LABOR, IS THAT

___________________________________________________ *+33

EVELYN OYERHECK
O F F IC IA L  CO UR T DKCOKTER

513 ft

CORRECT?



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A THAT IS CORRECT.

Q DURING THE PERIOD OF TIME THAT THE COMPANY WAS 

USING THE HIGH SCHOOL DIPLOMA RE Q U I R E M E N T  DID 

THE COMPANY ASK TO SEE AS A R E Q U I R E M E N T  FOR E M 

PLOYMENT AN A P P L I C A N T ’S T R A N SCRIPT THAT ’WOULD 

INDICATE THE GRADES THAT HE HAD ACHIEVED?

A NO , NOT GENERALLY, AT LEAST. THERE WERE E X C E P 

TIONS, BUT NOT GENERALLY.

Q AND DID THE COMPANY ACCEPT A DIPLOMA FROM A P E R 

SON WHO HAD ONLY GONE TO THE ELEVENTH GRADE IF 

IT WAS IN A RURAL AREA? ARE YOU FAMILIAR WITH 

WHAT I ’M TALKING ABOUT?

A WELL, I RECOGNIZE THAT IN RURAL AREAS HIGH SCHOOLS 

HAD ONLY ELEVEN GRADES, AND THAT CO N S T I T U T E D  TO 

US A DIP L O M A  IF THEY GRA D U A T E D  FROM ELEVEN GRADES 

ONLY, YES.

Q NOW, Y E S TERDAY YOU TE S T I F I E D  THAT THE HIGH SCHOOL 

D I P L O M A  R E Q U I R E M E N T  WAS INSTITUTED BECAUSE IT WAS 

THE GEN E R A L  PRACTICE IN THE AREA AND BECAUSE IN

YOUR O P I N I O N  IT IS A MEA S U R E  OF SKILLS AND CONFI-
I

DENCE, IS THAT CORRECT?

A I D I D .

Q ARE THERE ANY OTHER REASONS THAT THE COMPANY 

INSTITUTED A HIGH SCHOOL DIPLOMA R E Q U I R E M E N T ?

A ONLY IN OUR EFFORT TO GET BETTER EMPLOYEES FROM

EVELYN OVERHECK
O F F IC IA L  c o u r t  R E P O R T E R

-514 ft



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<♦35

THE APPLICANTS, YES.

WHAT IS IT THAT IS LEARNED IN THE LAST YEAR bF 

HIGH SCHOOL, THE TWELFTH GRADE, THAT MAKES A 

PERSON BETTER ABLE TO PERFORM A JOB WITH GOODYEAR? 

QUITE OFTEN CHEMISTRY, QUITE OFTEN A COURSE IN 

PHYSICS, QUITE OFTEN A COURSE IN MATHEMATICS. 

CHEMISTRY IS SOMETIMES GIVEN IN THE ELEVENTH 

GRADE -- I TOOK IT IN THE ELEVENTH GRADE.

MR. BURCH: OBJ E C T  TO COUNSEL

TESTIFYING.

Q DO YOU KNOW OF INSTANCES WHERE C H E MISTRY IS GIVEN 

IN THE ELEVENTH GRADE?

A I COULDN'T TESTIFY TO THAT FACT.

Q DURING THE TIME THAT THE HIGH SCHOOL DIPLOMA

R E Q U I R E M E N T  WAS IN EXISTENCE DID G O ODYEAR EVER 

MAKE A STUDY TO COMPARE THE PERFOR M A N C E  OF P E R 

SONS WHO HAD HIGH SCHOOL DIPLOMAS WITH THOSE WHO 

DID NOT HAVE A HIGH SCHOOL DIPLOMA?

A YES .

Q NOW, WHEN WAS THIS STUDY MADE?

A WELL, WE STARTED THE V A L I D A T I O N  STUDY OF OUR
I

TES T I N G  PROGRAM IN 1968.

Q I'M RE F E R R I N G  TO THE HIGH SCHOOL DIPLOMA.

A I D I D N ’T U N D E R S T A N D  YOUR Q U E S T I O N  THEN. WAS THE

STUDY MADE OF WHAT, THE VALUE OF THE DIPLOMA?

EVELYN OYEli HECK
O F F IC IA L  COURT R E P O R T E R



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Q YES .

A NOT FORMALLY. IT WAS KNOWN BY AN INFORMAL sjrUDY

AND D I S C U S S I O N  WITH OUR S U P E R V I S I O N  D E P A R TMENTS 

AND D E P A R T M E N T  MANAGERS.

Q NOW, WHO CONDUCTED THIS INFORMAL STUDY?

A THIS WAS JUST AN IN-PLANT D I S C U S S I O N  WE W O ULD

HAVE .

Q WHO WAS I NTERVIEWED AS A RESULT OF THIS STUDY?

A WHO WAS INTERVIEWED? WELL, SUCH PEOPLE AS MR.

AL 3 R E C H T  AND D E P A RTMENT MANAGERS; MR. SONTAG,

WHO WAS OUR PR O D U C T I O N  S U P E R I N T E N D E N T  AT THAT 

TIKE.

Q WHAT WAS THE RESULT OF THE STUDY?

A WHAT WAS THE RESULT OF THE JUDY?

Q YES.

A WE WERE ASS U R E D  IT HAD VALUE AND C O N TINUED THE

R E Q UIREMENT.

Q WHEN WAS THE STUDY CONDUCTED, WHAT YEAR?

A WELL, WE CERTAINLY D I S C U S S E D  THE QUE S T I O N  AND THE
I

M A T T E R  WHEN WE PUT THE RULE INTO EFFECT IN 1957,
i

AND AT THAT TIME IT WAS D I S CUSSED WITH OUR MANAGE-
I

KENT S U PERVISION, THE MEN WHO HAVE K N O WLEDGE OF 

EMPLOYEES IN THE PLANT AND THEIR PE R F O R M A N C E  AS 

COM P A R E D  TO THEIR EDUCATION. SO FROM THE START 

IT WAS CAUSED BY THAT TYPE OF STUDY.

E l  ELYS' ()Y EEEEC K ~
O F F IC IA L  C O UR T R E P O R T E R

51G A

*♦30



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4 3 7

WE DID NOT HAVE OUTSIDERS COME IN,! BUT
I

WE DID HAVE C O N SULTATION AMONG OUR M A N A GEMENT
I

P E O P L E .

Q WAS THIS IN 1957?

A YES .

Q NOW, AT THAT TIME THERE WERE NO BLACK PERSONS 

EM P L O Y E D  IN JOBS OTHER THAN LABORERS, IS THAT 

CORRECT?

A THAT IS TRUE.

Q THE C OMPANY DID NOT INSTITUTE A HIGH SCHOOL R E 

Q U I R E M E N T  FOR LABORERS, DID THEY?

A NO.

Q SO THE DISCUS S I O N  THAT WAS HAD WITH SUPERVISORS 

OF THE VARIOUS DE P A R T M E N T S  WAS IN REFERENCE TO 

THE PE R F O R M A N C E  OF WHITE EMPLOYEES AS C O MPARED 

WITH THEIR E D U C A T I O N A L  LEVEL, IS THAT TRUE?

A WELL, THAT IS TRUE, ALT H O U G H  IT W A S N * T  PURPOSELY 

A STUDY OF WHITE EMPLOYEES.

Q BUT THAT IS ALL YOU HAD?

A Y E S .

Q WHEN WAS THERE ANOTHER STUDY MADE?

A ON HIGH SCHOOL?

Q YES.

A NOT FORMALLY, NO.

Q DO YOU KNOW THE RESULTS IN TERMS OF ANY PERCENTAGE'

‘ EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

517 A



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____________________________M  ft____

OF HOW PEOPLE WHO HAVE HIGH SCHOOL DIPLOMAS
I

AT G O O D Y E A R  PERFORM AS COMPARED WITH THOSE \Jh O 

DO NOT HAVE? j

A PERCENTAGES?

Q YES. DO YOU HAVE ANY FIGURES YOU CAM TELL ME?

A I CAN'T QUOTE DATA ON THAT.

Q IS THERE ANY DATA ON IT?

A WELL, LET ME ANSWER THAT OUR STUDY WAS D IRECTED

TOWARDS TESTING AND WE HAD OUTSIDERS DISCUSS T E S T 

ING WITH US, BUT WE DIDN'T TRY TO SEPARATE -- WE 

NEVER USED THE EDU C A T I O N  FORMALLY W I T H O U T  T E S T 

ING.

Q NOW —

A AND WE NEVER A T T E M P T E D  TO D I S T I N G U I S H  ONE FROM

THE OTHER.

Q WAS THE REAS ON FOP. INSTITUTING THE W O N D E R L I C H  

TEST BECAUSE IT WAS THE PRACTICE IN THE AREA?

WAS THIS YOUR T E S TIMONY YESTERDAY?

A THAT WAS ONE OF THE REASONS, BUT ANOTHER REAL 

STRONG REASON WAS WE R E C O G N I Z E D  THAT WE HAD
I

TO GET THE BEST AP P L I C A N T S  WE COULD TO OPERATE
!

OUR PLANT.

Q WAS THAT —

A WE HAD HAD UNFAVO R A B L E  RESULTS WITH THOSE WHO

WEREN'T, WITH EMPLOYEES WHO HAD NOT BEEN PROPERLY

EVELYN OVERHECK
O F F IC IA L  C O UR T R  K FO R T R R

518 fl



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<♦39

EDUCATED. IN OUR EFFORT TO SELECT THE BEST!0F

A P P L I C A N T S  WE INSTITUTED THE SCHOOL AND A TESTING
1

PROGRAM. |

Q NOW, WITH RESPECT TO THE W O N D E R L I C H  DID YOU ALSO 

TESTIFY Y E S TERDAY THAT THE COMPANY WAS AFRAID 

THAT THEY WOU L D  GET AS EMPLOYEES PERSONS WHO HAD 

NOT BEEN ABLE TO PASS THE W O N D E R L I C H  AT OTHER 

PLANTS?

A THAT WAS A VERY REAL THOUGHT, YES.

Q WAS THE W O N D E R L I C H  TEST GIVEN TO ALL APPLICANTS 

FOR EMPLOYMENT FROM 1957 UNTIL THE TIME THE C O M 

PANY STO P P E D  USING IT IN APRIL OF THIS YEAR?

A NO, NOT THE WONDERLICH.

Q FOR WHAT PERIOD OF TIME -- WELL, FOR ANY PERIOD

OF TIME WAS THE W O N D E R L I C H  GIVEN TO ALL APPLICANTS' 

A WELL, ARE YOU ALWAYS EXCEPTING THE LABORERS?

Q YES .

A THERE WAS A PERIOD OF TIME THAT WE GAVE THE W O N D E R 

LICH TEST TO ALL AP P L I C A N T S  WHO WERE H I RED BEFORE

EMPLOYMENT, I SHOULD SAY, EXCEPT LABORERS.
I

Q WHAT PERIOD?

A S TARTING IN 1957, AND WE D I S C O N T I N U E D  THE USE OF

W O N D E R L I C H  IN 1966. NOW, DURING THAT PERIOD, IF 

I MAY SAY, WE ALSO GAVE THE S.R.A. A D A P T A B I L I T Y

TEST AND THERE WERE SOME PERIODS WE GAVE ONE AND
- - - - -

EVELYN OVERHECK
O FF I C I A L  COUR T  R E P O R T E R

511) A



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SOME PERIODS THAT WE GAVE THE OTHER. FROM i960
I

ON OUR RECORDS SHOW WE DID NOT GIVE THE W O N D E R L I C H
I

BEYOND THAT TIME, BUT WE DID GIVE THE S.R.A. 

A D A P T A B I L I T Y  TEST BEYOND THAT TIME.

Q WHEN DID THE COMPANY FIRST BEGIN TO USE THE S.R.A. 

TEST?

A I REALLY DON'T HAVE THAT DATE IN MY MIND. IT WAS 

S O METIME DURING '57 OR ’58. IT WOULD SHOW ON THE 

INFORMATION WE HAVE COMPILED.

Q HOW DID THE COMPANY DECIDE BET W E E N  195& AND »66, 

1957 AND 1966, WHO WOU L D  BE GIVEN THE W O N D E R L I C H  

AND WHO WOULD BE GIVEN THE S.R.A. TEST FOR INITIAL 

EMPLOY M E N T ?

A THERE WAS NO DECISION MADE AS TO INDIVIDUALS. AS 

TO JOBS FOR A PERIOD WE HAD THE W O N D E R L I C H  A V A I L 

ABLE AND WE USED IT FOR ALL APPLICANTS. THERE ARE 

OTHER PERIODS, OTHER MONTHS, OTHER YEARS, WHEN WE 

WERE USING THE S.R.A. A D A P T A B I L I T Y  FOR ALL 

A P P L ICANTS AND ALL INDIVIDUALS. IT WAS NOT A MATTf
I

OF USING ONE FOR ONE JOB AND ONE FOR THE OTHER ONE
I

OR ONE FOR ONE RACE AND ONE FOR THE OTHER.

Q THE W O N D E R L I C H  AND S.R.A. TESTS ARE VERY DIFFERENT 

TESTS, A R E N ’T THEY?

A WELL, THE QUESTIONS ARE DIFFERENT, BUT THE TYPE IS

THE SAME AND THE PURPOSE OF THE USE IS SIMILAR,

EVELYN OYERHECK
OF F I CI A L  COUR T R E P O R TE R

'■■■ - 520 ft



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THE PURPOSES OF THEIR USES.

Q WHY DID THE COMPANY STOP USING THE WO N D E R L I C H  

TEST IN ‘66?

A WELL, WE RECOGNIZED THAT THE W O N D E R L I C H  HAD W I D E 

SPREAD USE AND HAD BECOME SO WIDELY USED THAT IT 

WAS NOT A FAIR TEST FOR ONE A P P L I C A N T  WHO HAD 

HAD THE W O N D E R L I C H  AT SEVERAL PLANTS BEFORE HE 

CAME TO US AS AGA I N S T  THE OTHER AP P L I C A N T  WHO HAD 

NEVER TAKEN A W O N D E R L I C H  AT OTHER PLANTS. WE 

THOUGHT THE BETTER C O M P ARISON WAS THE S.R.A. 

A D A P T ABILITY. THIS PUT THE A P P L I C A N T S  ON SOMEWHAT 

OF AN EQUAL FOOTING BEFORE THEY TOOK OUR TEST.

Q THE S.R.A. TEST IN 1966 WAS NOT A WIDELY USED 

TEST IN THIS AREA?

A THAT WAS MY K N O W L E D G E . THAT IS MY UNDERSTANDING, 

RIGHT. THE CONTACTS I MADE WITH OTHERS, THEY WERE 

NOT USING THE S.R.A. A D A P T A B I L I T Y  IN OUR 

G E N E R A L  AREA. THEY WERE USING THE S.R.A. A D A P T 

ABILITY IN OUR AKRON PLANT AT THAT TIME.

Q WAS THE W O N D E R L I C H  TEST EVER V A L I D A T E D  DURING THE 

TIME THAT IT WAS IN USE?

A WE DID NOT HAVE A FORMAL V A L I D A T I O N  STUDY ON THE 

W O N D E R L I C H  AT OUR PLANT.

Q DID ANY PERSON WHO YOU RETAINED GIVE YOU ADVICE

C O N C E R N I N G  THE USE OF TESTS, ADVISE YOU TO DISCONT

UYKD'X OVEHHFA'K
O F F IC IA L  COURT HKFOIITKR

5 21



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‘♦‘♦2

A

Q

A

Q

A

USING THE WO N D E R L I C H ?

NO.

NOW, WHEN THE S.R.A. WAS USED E XCLUSIVELY 3EGINNIN 

IN 1966 WAS THERE ANY STUDY M ADE TO D E T ERMINE THE 

JOB PERFOR M A N C E  OF A PERSON COMPARED TO THEIR 

TEST P E RFORMANCE?

WE C O N S TANTLY HAD FEEDBACKS FROM OUR S U P E R V I S I O N  

ON THE WAY THE EMPLOYEES OPERATED AS COMPARED 

TO THE TEST SCORES. WE HAD THAT EVEN FROM THE 

START. WE DID NOT P ARTICIPATE OR WE DID NOT EM- 

PLY A C O N S U L T A N T  FOR A V A L I D A T I O N  STUDY UNTIL 

1968 .

G

AND THEN WHAT WERE THE RESULTS OF THAT STUDY?

IN 1963 WE EMPLOYED THREE DOCTORS OF PSYCHOLOGY 

FROM THE UN I V E R S I T Y  OF H O U S T O N  AND THEN C O N DUCTED 

A STUDY ON THE S.R.A. A D A P T A B I L I T Y  TEST AND AFTER 

C O N S I D E R A B L E  PERIOD, AFTER THIS STUDY, THEY SAID 

THAT IT HAD SOME V ALIDITY BUT THEY W O ULD R E C O M 

M END THAT WE SWITCH OVER TO FOUR TESTS, THREE 

OF WHICH ARE COMPOSED BY RICHARDSON, BELLOWS AND 

HENRY, AND WE USED THOSE TESTS WHICH THEY WOULD 

RE C O M M E N D  WITH G R E A T E R  AUTHORITY THAN THEY COULD 

THE S.R.A. ADAPTABILITY.

WE WERE IN THE PROCESS OF USING THOSE 

TESTS W H E N  THE A.E.C. ASKED US TO DISCONTINUE,

EVELYN OVEHliECK
O F F IC IA L  C O UR T RF.PORTKR

W P M  A



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WHICH WE DID.

Q N O W , W HAT WERE THE NAMES OF THE TESTS THAT THE

P S Y C H O L O G I S T S  SUG G E S T E D  THAT YOU CHANGE OVER TO 

FROM S.R.A.?

A WELL, THEY HAVE THREE TESTS, AND ONE IS REASONING 

ABILITY, ONE IS ON ARITHMETIC, ONE IS ON CHEMICAL 

C O M P R E H E N S I ON ,  AND THE OTHER IS FOR THE TESTS MADE 

BY A P S Y C H O L O G I C A L  CORPORATION.

Q NOW, THE COMPANY DID NOT BEGIN TO USE THESE 

FOUR TESTS, THOUGH, IS THAT YOUR TESTIMONY?

A WE W E R E  S T ARTING TO USE THOSE W HEN WE SUSPENDED.

Q WHEN DID YOU FIRST BEGIN TO USE THOSE E XCLUSIVELY

INSTEAD OF THE S.R.A.?

A WE NEV E R  USED THEM EXCLUSIVELY. WE USED THEM

IN C O N J U N C T I O N  WITH THE S.R.A. I THINK THE TIME 

WE S T A R T E D  USING THOSE WAS, I'M NOT SURE OF THE 

MONTH, BUT EARLY THIS YEAR IN ’71.

Q SO T HEN THERE WAS NOT A STUDY CONDUCTED, I GATHER, 

TO COMPARE TEST PERFOR M A N C E  ON THOSE RECENT 

TESTS THAT WERE FIRST USED THISYEAR AND JOB 

P E R F O R M A N C E , IS THAT CORRECT?

A WELL, NO. WE DID NOT ESTABLISH ENOUGH TEST DATA 

ON THOSE FOUR TESTS TO START A CO R R E L A T I O N  STUDY.

Q NOW, W HEN A PERSON APPLIES FOR A JOB DURING THE 

TIME THAT THE TESTS WERE USED, W H I C H  TEST WOULD

EVELYN OYERHECK
O F F I C I A L  COUR T NEF OHT ER

523 A



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HE BE GIVEN, S.R.A. FORM A OR S.R.A. FORM 3?

A WELL, THAT WAS DE P E N D E N T  UPON WHICH TEST WE WERE 

USING AT THAT PA R T I C U L A R  TIME. IT W O ULD BE WEEKS 

OR MONTHS WHEN WE W O U L D  HAVE A AND WE WOULD BE 

USING A. THERE W O ULD BE OTHER WEEKS OR MONTHS 

WHEN WE WOULD BE USING B.

Q BUT A PERSON WHO APP L I E D  FOR BALER HELPER, FOR

EXAMPLE, COULD BE GIVEN EITHER A FORM A OR A FORM 

B, D E P E N D I N G  ON WHAT WAS 8EING USED DURING THAT 

PERIOD OF TIME?

A THAT IS TRUE.

Q IS FORM A D ESIGNED TO ESTABLISH THE SAME P R E 

D I C T A B I L I T Y  AS FORM B?

A IT IS, TO BE USED FOR THE SAME PURPOSES.

Q NOW, UNDER WHAT CIRCUMSTANCES WOULD THE S.R.A. 

M E C H A N I C A L  TEST BE GIVEN TO AN APPLICANT?

A WELL, FOR O P E RATING ENGINEERS GROUP WE USED IT 

FOR THE OILERS AND FOR UTILITY OPERATORS.

Q WERE THERE ANY OTHER TESTS THAT WERE USED FOR 

INITIAL E M P L O Y M E N T  DURING THE PERIOD OF 1957 

THROUGH 'GG?

A FOR O P E R A T I N G  ENG I fJEERS ?

Q Y E S .

A OTHER THAN WHAT WE HAVE DISCUSSED?

Q Y E S .

EYELYX OY lilt HECK
O P F l d  M .  COURT R E P O R T E R

5 2 -i A



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A 140.

Q NOW, WHAT OTHER TESTS WERE GIVEN FOR OTHER UNITS?

A YOU MEAN FOR THE MA I N T E N A N C E  PEOPLE OR TYPING 

TESTS?

Q INITIAL EM P L O Y M E N T  TESTS.

A WELL, WE USED A PURDUE TEST FOR ELECTRICIANS,

WHICH IS PUBLISHED BY SCIENCE RESEARCH ASSOCIATES. 

WE USED A M E C H A N I C A L  A PTITUDE TEST FOR MECHANICS 

E M P L O Y E D  INTO OUR M A I N T E N A N C E  DEPARTMENT. THOSE 

ARE THE ONLY TWO AD D I T I O N A L  TESTS I AM AWARE OF 

THAT I RECALL.

THE COURT: HAVE YOU MUCH

MORE, MRS. MC DONALD?

MRS. MC DONALD: YES, I DO.

THE COURT: ALL RIGHT. I

THINK THIS MIGHT BE A GOOD POINT TO 

TERMINATE FOR LUNCH.

I WE WILL STAND RECESSED UNTIL

2 : 0 0 .

(NOON R E C E S S .)

EVELYN OVERHECK
O F F K 'I  \ l .  r n i ’R T  i :F POR TER

525 A



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i

D E CEMBER 17, 1971 

2:00 P.M. SESSION

THE COURT: MRS. MC DONALD.

Q (MRS. MC DONALD) MR. VAN OSDALL, DID YOU TESTIFY 

Y E S TERDAY THAT G O O D Y E A R 'S EFFORTS TO MOVE 

MINORI T I E S  FROM THE LABOR DE P A R T M E N T  TO OTHER 

DEPART M E N T S  BEGAN IN 1908, C O N TINUED IN *69 AND 

*71, IS THAT CORRECT?

A WE MOVED SOME MI N O R I T I E S  BEFORE THAT, BUT I AM

SURE THAT THERE WAS AN EFFORT DURING THOSE PERIODS, 

YES .

Q IS IT YOUR TE S T I M O N Y  --

A THE Q U E S T I O N  I HE S I T A T E  ON IS BEGAN IN ‘68. THAT

IS PART OF YOUR QUESTION. BEAR IN MIND, MRS.

MC DONALD, THAT IT IS VIVID TO ME THAT WE HAD 

ONE EMPLOYEE BY THE NAME OF D A R D E N  WHO SERVED A 

SHORT PERIOD IN THE LABOR DEPART M E N T  IN ’62 AND 

WHO T R A N S F E R R E D  TO PRODUCTION.
I '

Q IN WHAT YEAR?
I

A IN '62.

Q NOW, DID HE BRING ALL OF HIS S E N IORITY WITH HIM 

SO THEREFORE HE W O ULD BE IF YOU LOOKED ON THE 

D I V I S I O N A L  SENIORITY LIST IT WOULD SEEM --

A IF YOU W O ULD LOOK ON THE SE N I O R I T Y  LIST YOU WOULD

EYEIA'N OYER MICK
OF F I C I A L  COUR T R E PO R T E R

- 5 2 G  (\



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SEE THERE ARE TV/0 DATES DESIDE HIS NAME. ONE 

DATE REFLECTS THE PERIOD THAT HE WAS IN THE LABOR 

DEPARTMENT.

Q WITH THE EXCEPTION OF MR. DARDEN WERE ANY OTHER 

E M P LOYEES WHO WERE EMPLOYED INITIALLY IN THE 

LABOR DE P A R T M E N T  T R A N S F E R R E D  TO ANOTHER DEPARTMENT 

PRIOR TO 1909?

A PRIOR TO 1909?

Q OF THOSE BLACKS HIRED BEFORE '57.

A OH, NO, NOT OF THOSE BLACKS HIRED PRIOR TO 1957.

Q IS IT TRUE THAT MR. LONNIE BROWN WAS THE FIRST

BLACK HIRED PRIOR TO 1957 WHO WAS T R A N S F E R R E D  OUT 

OF THE LABOR DEPARTMENT, AND HE WAS T R A N S F E R R E D  

IN 1969?

A THE ONLY Q U ESTION I WOULD HAVE, IF LONNIE T R A N S 

FERRED BEFORE MILTON DID, AND I C O U L D N ’T BE SURE 

OF THAT UNLESS I V£RE TO SEE THE RECORD.

MR. BURCH! MAY THE WITNESS 

BE PERMITTED TO REFER TO THE SENIORITY 

LIST?

MRS. MC DONALD: I AM LOOKING

FOR THE SENIORITY LIST MYSELF.

MR. BURCH: THE CURRENT ONE

HERE IS COMPANY EXHIBIT 6, THE 1971

EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

t.v. 527 A

LIST.



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4 4 8

(COLLOQUY BETWEEN COUNSEL.)

Q CMRS. MC DONALD) MR. VAN OS D A L L , I'M GOING TO

SHOW YOU WHAT IS IN EVIDENCE AS D E F ENDANT C O M P A N Y 1 ; 

6 AND SEE IF YOU CAN FIND HR. DARDEN'S NAME FOR 

ME. NOW THEN, MR. DAR D E N  WAS EMPLOYED ON MAY 

14, 1962, IN THE LABOR AND THEN HE IS T R A N S F E R R E D

AUGU S T  6, '62 IN PRODUCTION, IS THAT RIGHT?

A THAT'S RIGHT.

Q OKAY. NOW, WITH THAT E X C EPTION IS IT TRUE THAT

THE FIRST EMPLOYEE, BLACK EMPLOYEE, WHO WAS HIRED 

BEFORE '57 WHO T R A N S F E R R E D  OUT OF THE LABOR D E P A R T 

MENT WAS MR. LONNIE BROWN WHO WAS T R A N S F E R R E D  

IN 1969?

A THAT SEEMS -- IF YOU W ILL LET ME CHECK THIS JUST 

A MINUTE --

MR. BURCH: IS THE QU E S T I O N

LIMITED JUST TO TRANSFERS TO PRODUCTION?

IS THAT WHAT YOUARE ASKING?

MRS. MC DONALD: NO.

MR. BURCH: YOU /RE SAYING

OUT OF --

A WE HAVE ANOTHER EXHIBIT THAT SHOWS THAT EASIER. I 

DON'T R EMEMBER THAT HUMBER.

MILTON BROWN T RANSFERRED ON 7-21-69,

EVELYN OYEEHECK
O F F I C I A L  COVHT REI ' ORT KR

... 528 ft



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SO HE T R A N S F E R R E D  THREE WEEKS EARLIER THAN LONNIE 

BROWN.

Q WAS MR. MILTON BROWN HIRED BEFORE 1957?

A YES .

Q INTO THE LABOR DEPARTMENT?

A YES .

Q IS MR. MILTON BROWN THE BLACK EMPLOYEE WHO WAS 

HIRED PRIOR TO 1957 IN THE LABOR D E P A R T M E N T , IS 

HE THE FIRST TO T R ANSFER OUT OF THE LABOR INTO 

ANY OF THE OTHER D E P ARTMENTS?

A 1 BELIEVE SO.

Q N O W , THE TERM " E F FECTED CLASS" WAS USED ACC O R D I N G  

TO YOUR TESTIMONY IN THE OFFERS THAT WERE MADE 

TO MINORI T I E S  TO TRANSFER OUT OF THE LABOR D E P A R T 

MENT?

A THAT IS RIGHT.

Q THIS TERM WAS USED IN 1968. WHERE DID THAT TERM 

COME FROM?

A THE OFFICE OF FEDERAL CONTRACT CO M P L I A N C E  REVIEWING

OFFICER.

Q THAT IS NOT THE ATOMIC ENERGY COMMISSION, IS IT?

A NO.

Q NOW, AT THAT TIME IN 1968 DID THE OFFICE OF FEDERAL 

C O NTRACT COMPLIANCE ADVISE G OODYEAR TO MAKE EFFORTS

TO MOVE MINORITIES OUT OF THE LABOR DEPART M E N T

EVELYN OVEh’HECK
O F F IC IA L  COURT HF.COHTF.R

—  52,()A

4«*9



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4 5 0

INTO OTHER D E PARTMENTS?

MR. BURCH: YOUR HONOR, I WANT 

TO OBJECT ON THE GROUNDS THAT IS I R R E L E 

VANT TO ANY ISSUE IN THE CASE. WE ARE 

NOT BOUND BY V/HAT THE O.F.C. RECOMMENDS 

OR SAYS.

THE COURT: IF HE KNOWS I WILL

PERMIT HIM TO ANSWER.

THE WITNESS: W O ULD YOU R E 

STATE THE QUESTION, PLEASE?

Q DID THE OFFER THAT WAS MADE BY GOO D Y E A R  IN 1068 

TO THE " E F F E C T E D  CLASS" WHICH AT THAT TIME IN

CLU D E D  PRE-57 MINORI T I E S ,  WAS THAT OFFER MADE 

AT THE S U G G E S T I O N  OF THE OFFICE OF FEDERAL C O M P L I 

ANCE?

A YES.

Q NOW, HAD ANY OTHER OFFER D I RECTED AT MINORITIES

HIRED PRIOR TO 1957 BEEN MADE BY G O O D Y E A R  PRIOR 

TO 1968?

A NO.

Q NOW, IN 1968 THE OFFER THAT WAS MADE C O N SISTED OF

THESE MINORITIES HAV I N G  TO TAKE THE TESTS THAT 

WERE IN USE AT THAT TIME, IS THAT CORRECT?

A THAT IS RIGHT.

Q AND NOT A SINGLE M E M3 E R OF THE E F FECTED CLASS WHO

EVELYN OVERHECK
O F F IC IA L  Cl)IIIIT HF.FOUTKR



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TOOK THE TEST PASSED THE TEST, IS THAT CORRECT?

A THAT IS CORRECT.

Q SO THEN NONE MOVED AS A RESULT OF THE 1968 

OFFER, IS THAT CORRECT?

A THAT IS CORRECT.

Q IN 1969 THE TEST WAS ELIMIN A T E D  AS TO THE EFFECTED

CLASS, IS THAT CORRECT?

A THAT IS CORRECT.

Q AT THAT TIME DID THE EFFECTED CLASS INCLUDE E M 

PLOYEES HIRED PRIOR TO S E P TEMBER 7, 1965?

A NO.

Q IT WAS STILL LIMITED TO PRE-57?

A YES .

Q NOW, WHEN THAT TEST WAS ELIMINATED THIS WAS THE 

FIRST TIME THEN THAT A BLACK HIRED PRIOR TO 1957 

WAS ABLE TO TRANSFER OUT OF THE LABOR DEPARTMENT,

IS THAT CORRECT?

A YES .

Q IS IT YOUR TESTIMONY, MR. VAN OSDALL, THAT IT HAS 

BEEN THE POLICY OF G O O D Y E A R  TO REQUIRE THAT ALL 

PERSONS WHO WERE E M PLOYED AFTER 1957, EXCEPT FOR 

THE LABOR DEPARTMENT, TAKE AND ACHIEVE A PASSING 

SCORE ON THE TESTS THAT WERE USED?

A IT IS THEIR GEN E R A L  POLICY, YES.

THE CLERK: MARKED JOHNSON NO. I

EVELYN OVERHECK
O F F IC IA L  COURT R E P O R T E R

- 531 Pi

______________________________<4 5 1



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*♦5 2

A

Q

A

MR. VAN OSDALL, I ’M GOING TO SHOW YOU WHAT HAS 

BEEN MARKED FOR I D E N T I FICATION PURPOSES P L A I N T I F F ’I

EXHIBIT 20, OR JOHNSON 20.

MR.BURCH: MAY WE SEE IT FIRST, 

COUNSEL, PLEASE, SO WE WILL KNOW WHAT 

YOU ARE T ALKING ABOUT.

MRS. MC DONALD: YES.

MR. BURCH: IS THIS THE D O C U 

MENT WE FURNISHED YOU?

MR. VAN OSDALL, CAN YOU IDENTIFY FOR ME WHAT HAS 

BEEN MAR K E D  FOR I D E N T I FICATION PURPOSES PLAINTIFF'? 

EXHIBIT 20?

YES .

TELL ME WHAT THAT IS?

THIS IS THE LIST WE MADE EARLIER IN THE YEAR 

SHOWING THE TESTS THAT WE COULD FIND THAT E M P L O Y 

EES HAD TAKEN IN THEIR FOLDERS, IN THEIR PE R S O N N E L  

FILES; ALSO SHOWING THEIR EDUCATION, ALSO SHOWING 

THEIR DATE OF A P P L I C A T I O N  AND DATE OF HIRE. THIS
I

LIST DOES INCLUDE EMPLOYEES WHO ARE IN OUR 

M A I N T E N A N C E  D E P A R T M E N T  THAT ARE NOT INVOLVED IN 

OUR PRESENT CASE.

ALL RIGHT.

MRS. MC DONALD: YOUR HONOR,

AT THIS TIME I W O ULD LIKE TO OFFER INTO
EVELYN OVERHECK
O F F IC IA L  CO C U T RE VO LT ED

53:2ft



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*♦5 3

A

Q

A

Q

EVIDENCE PLAINTIFF'S EXHIBIT 20, WjTH 

THE U N D E R S T A N D I N G  THAT I AM NOT OFFERING
I

IT FOR ANY DATA THAT MAY BE INCLUDED CON' 

CERNING EMPLOYEES THAT ARE NOT IN THE

BARGAINING UNIT.

THE COURT: ALL RIGHT. IS

THERE ANY OBJECTION?

MR. BURCH: NO OBJECTION.

MR. WHEAT: NO OBJECTION.

THE COURT: ALL RIGHT.

PLAINTIFF'S EXHI3IT 20 IS ADMITTED.

NOW, MR. VAN OSDALL, I AM GOING TO REFER YOU TO 

PLAINTIFF'S 20 AND ASK YOU SOME Q U E STIONS ABOUT 

SOME OF THE EMPLOYEES V.'HO ARE LISTED ON THAT 

EXHIBIT.

DO YOU HAVE AN EXTRA COPY, MR. BURCH?

MR. BURCH*. NO, I D O N ’T.

DO YOU FIND LISTED ON PLAINTIFF'S EXHIBIT 20 THE 

NAME R. B. HARRIS?

I DO.
I

AND IS HE WHITE OR BLACK?
i

HE IS WHITE.

OKAY. NOW, MAY I ASK DID YOU MARK THESE AS TO 

RACE, OR DID WE? I PUT AN N BY THE NEGROES. IF 

YOU THINK HE IS BLACK YOU CAN COR R E C T  ME.

EVELYN OVERBECK
O F F IC IA L  CO CF T HFFOKTKU

... 5.33 ft



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A I THINK HE IS WHITE. HE IS IN THE L A B O R A T O R Y ,

Q WHAT DATE WAS HE EMPLOYED?

A *+-25-66 .

Q NOW, THERE IS NO TEST FOR MR. HARRIS, IS THAT

CORRECT?

A AS SHOWN ON THIS SHEET, THAT'S RIGHT.

Q NOW, I'M GOING TO REFER YOU TO PAGE 3 OF PLAINTIFF

E XHIBIT 20 AND ASK YOU IF YOU CAN FIND FOR ME THE 

NAME OF G. A. SHINN, S-H-I-N-N?

A I CAN FIND HIS NAME. HE IS A M A I N T E N A N C E  EMPLOYEE 

I CAN'T FIND A TEST SCORE FOR HIM.

Q WAS HE E MPLOYED INITIALLY AS MAINT E N A N C E ?

A YES .

Q LET'S REFER TO PAGE 7 OF PLAINTIFFS' EXHIBIT 20.

CAN YOU FIND A MR. W. H. MAYS?

A RIGHT.

Q IN WHAT D E P A R T M E N T  IS HE NOW EMPLOYED?

A 1220.

Q WHAT D E P A R T M E N T  IS THAT?

A THAT IS R E C EIVING AND STORES.

Q AND ON WHAT DATE WAS HE EMPLOYED?

A 8-17-65.

Q AND IS HE WHITE OR BLACK?

A HE'S WHITE.

Q IS THIS A TEST SCORE LISTED FOR MR. MAYS?

EVELYN OVER HECK
O F F IC IA L  C O UR T KF.VORTF.R

' 534 A

*♦54



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4 5 5

A NO, THERE IS NOT.

Q WITH THE E X C EPTION OF MR. DARDEN ABOUT WHOM YOU 

HAVE A L R E A D Y  TESTIFIED, ON WHAT DATE AFTER MR. 

DARDEN DID A BLACK EMPLOYEE FIRST TRANSFER OUT OF 

THE LA30R D E P A R T M E N T  INTO ONE OF THE OTHER D E P A R T 

MENTS?

A I FEEL RE A S O N A B L Y  CERTAIN THAT IT WAS THE DATE

THAT MILT O N  BROWN T R A N S F E R R E D  TO THE OILER D E P A R T 

MENT, AND THAT DATE IS SHOWN AS —

Q NO, MY Q U E S T I O N  IS NOT LIMITED JUST TO PRE-57 

BLACKS. I'M ASKING YOU A B OUT BLACKS. IS IT 

TRUE THAT A MR. STELL WHO TR A N S F E R R E D  IN 1965 

WAS THE FIRST BLACK EMPLOYED DURING ANY PERIOD OF 

TIME TO T RANSFER OUT OF THE LABOR INTO ANOTHER 

DEPARTMENT, AND WHAT IS THE DATE YOU HAVE FOUND 

FOR MR. STELL?

A 1965. HE WAS ALSO AC C O R D I N G  TO OUR INFORMATION 

EMP L O Y E D  IN 1965. HE WAS EMPLOYED IN 1965 AND 

T R A N S F E R R E D  OUT IN 1965. IS THAT WHAT YOU FOUND?

Q I'M ASKI N G  YOU WHETHER OR NOT -- YOU SAID MR.

DARDEN T R A N S F E R R E D  IN 1962 AFTER A COUPLE OF 

M O N T H S .

A THAT'S RIGHT.

Q BETWEEN 1962 AND 1965 W HEN MR. STELL TRANSFERRED, 

AND HE IS BLACK, WERE THERE ANY OTHER BLACKS WHO

EVELYN OYER BECK.
O F F IC IA L  COURT R E P O R T E R

535 A



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TR A N S F E R R E D  OUT OF THE LABOR D E P A R T M E N T  INTO 

ANO T H E R  DEPARTMENT?

A I ’M NOT FAMILIAR WITH ANY.

MAY I ASK, DID YOU FIND MR. STELL'S 

NAME ON THIS SENIORITY LIST?

Q YES, I DID.

A MAY I ASK YOU THAT -- Y O U ’RE NOT TAL K I N G  ABOUT 

H. M. STELL?

Q JAMES A. STELL.

A THAT DATE AGAIN IS WHAT?

Q 1965.

MR. BURCH*. I WON D E R  IF 

COUNSEL M I GHT SIMPLY TELL HIM WHERE 

THE MAN'S NAME APPEARS?

MRS. MC DONALD: I DON * T HAVE

IT MARKED ON THE SENIORITY LIST. I 

CAN HELP HIM FIND IT.

A HERE IS H. M., 1967.

Q WELL, I C A N ’T SEEM TO LOCATE HIM ON YOUR SENIORITY 

LIST, BUT HE IS ON OURS. DURING THE RECESS I CAN 

COMPARE IT.

THE COURT: LET'S MOVE ON TO

OTHER MATTERS AND COVER THAT AT RECESS.

Q THIS MR. J. A. STELL, IS HE NEGRO?

A YES .

EVELYN OVEItHECK
OF F i r  IA L (' ( W R T  jH 'F O U  TE R



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Q AND DID HE THEN T R ANSFER IN 1965, DECEMBER 20,

19 6 5?

A Y E S .

Q NOW, PRIOR TO MR. STELL'S TRANSFER DO YOU KNOW 

OF ANY OTHER NEGRO HIRED AT ANY PERIOD OF TIME 

WHO T R A N S F E R R E D  OUT OF THE LABOR TO A NOTHER D E 

P A R T M E N T  WITH THE EXCEPTION OF MR.DARDEN?

A MRS. MC DONALD, I D O N ’T KNOW OF ANY, BUT THAT 

D O E S N ’T SAY THAT THERE W E R E N ’T ANY.

Q IN 1963, MR. VAN O S D A L L , DID THE COMPANY EMPLOY 

ANY BLACKS DI R E C T L Y  INTO DE P A R T M E N T S  OTHER THAN 

LABOR?

A YES. YES, IN ’63?

Q IN 1963.

A I FEEL QUITE CERTAIN WE DID. THEY MAY MOT BE 

W O R K I N G  NOW.

Q WELL, ALL OF THE RECORDS THAT WE ARE DEALING WITH 

ARE RELATED TO AND LIMITED TO PERSONS WHO ARE --

A ARE YOU ASKING TO PRODUCTION?

Q INTO ANY D E P A R T M E N T  OTHER THAN LABOR.

MR. BURCH: YOUR HONOR, I

W O ULD LIKE TO OBJECT TO THESE QUESTIONS 

ON THE GROUNDS THAT THE EXHIBIT SPEAKS 

FOR ITSELF. IT DISCLOSES ALL THESE 

MATTERS THAT SHE IS A S K I N G  THE WITNESS 

EVELYN OY Mi HECK
O F F IC IA L  COURT HR PO R TER

537 ft

*♦57



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ABOUT . THIS IS NOTHING BUT TESTING

HIS ABILITY TO FLIP THROUGH THE PAPERS.
|

HRS. MC DONALD: MAYBE MR.

BURCH IS CORRECT. WE CAN DO IT BY WAY 

OF AN EXHIBIT.

THE COURT; IT SEEMS TO ME 

THAT HAVING THIS MA T E R I A L  IN EVIDENCE 

YOU CAN WORK WITH IT IN A R G U M E N T  AND 

PRESENT IT AS AM ANALYSIS AS YOU SEE IT 

WIT H O U T  SIMPLY GOING THROUGH AND L O C A T 

ING A P A R T ICULAR NAME AND DATE ON ONE 

OF THESE EXHIBITS.

Q BETWEEN 1962,MR. VAN OSDALL, AND SEPTEMBER OF 1965, 

IS IT TRUE THAT IT WAS THE PRACTICE OF THE COMPANY 

NOT TO EMPLOY WHITES IN THE LABOR D EPARTMENT?

A THAT IS RIGHT.

Q AND THAT PRACTICE, HAS THAT PRACTICE CEASED AS OF 

THIS DATE?

A HAS THE PRACTICE CEASED? THE PRACTICE HAS CEASED
I

SINCE S E P TEMBER 7, 1965, AND IT CONTINUES TO BE
I

-- WE CONTINUE TO HIRE WHITES INTO THE LABOR
I

DEPARTMENT.

Q ON WHAT DATE DID THE COMPANY FIRST BEGIN TO 

EMPLOY AS A MATTER OF PRACTICE WHITES IN THE

LABOR D EPARTMENT?

EVELYS OYEKHECK
OFF 11'I A t r o t  ItT It /•:/•on TF.R

538 fl

■ « » S 8 ___________



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*♦59

A S E P T E M B E R  7, 1965. I THINK THERE WAS AN EMPLOYEE

THAT CAME IN ON SEPTEMBER 5, 1965, BUT SEPTEMBER

7 TH IS THE DATE WE A CCEPTED HIM FOR THE EFFECTED 

C L A S S .

Q ISN'T IT TRUE THAT NOT UNTIL 1971 WERE WHITES IN 

ANY A P P R E C I A B L E  NUMBER ABOVE THE NUMBER G, FOR 

EXAMPLE, THAT UNTIL 1971 NO MORE THAN SIX WHITES 

WERE E M PLOYED INITIALLY INTO THE LABOR DEPARTMENT 

IN ANY ONE YEAR?

MR. BURCH: YOUR HONOR, I

03JECT. THAT IS AN ARG U M E N T  AND NOT A 

QUESTION. SHE SAYS ANY A PPRECIABLE 

NUMBER, AND THEN SAYS NOT MORE THAN SIX. 

AGAIN, I THINK THE D O CUMENT BEARS THOSE 

N U M B E R S .

THE COURT: WELL, I WILL

PERMIT HER QUESTION.

IF YOU DON'T UNDERSTAND, MR. 

VAN OS DAL L , I WILL HAVE H E R . C L A R I F Y  THE 

QUESTION.

THE WITNESS: IS THE QUESTION

IF AT MORE THAN ONE TIME WE HAD MORE 

THAN SIX CAUCASIANS IN THE LABOR D E 

PARTMENT?

Q NO, IT IS YOUR TESTIMONY YOU WERE NOT HIRING WHITES

EVELYN OYERHECK
O F F IC IA L  C O I ' l t r  REFORTF.R

53!) A



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t + 6 0

1

IN THE LABOR D EPARTMENT?

A RIGHT.

Q NOW, MY Q U ESTION IS SINCE THAT TIME IN ANY ONE

YEAR HAS THE COMPANY EMPLOYED MORE THAN SIX WHITES 

IN THE LABOR DEPARTMENT?

A EMP L O Y E D  MORE THAN SIX AT ANY GIVEN TIME?

Q HIRED THEM IN ONE YEAR, MORE THAN SIX WHITES?

A HIRED MORE THAN SIX WHITES IN THE LABOR DEPARTMENT

IN ANY ONE YEAR? I WOULD THINK THAT WOULD BE 

TRUE.

Q THAT THE COMPANY HAS --

A HAS NOT HIRED MORE THAN SIX IN ANY ONE YEAR IN

THE LABOR DEPARTMENT. IS THAT YOUR QUESTION, IS 

THAT THE WAY YOU SAID IT?

Q MY Q U E S T I O N  IS UNTIL 1971 ISN'T IT TRUE THAT THE 

COMPANY NEVER EMPLOYED, H I RED IN ONE YEAR, MORE 

THAN SIX WHITES INTO THE LABOR DE P A R T M E N T  INITIALLY

A YOU SAY A WORD AND I'M NOT SURE WHE T H E R  IT IS 

HER OR HIRE. DID YOU SAY HIRE?

THE COURT: SHE SAID HIRED,

EMPLOYED.

A YOU MEAN BY THAT ADDED TO OUR PAYROLL OP EMPLOYED 

OR BRING INTO E MPLOYMENT?

Q YES, SIR.

A I WOULD THINK THAT WOULD BE TRUE.

EVELYN OYEH HECK
O F F IC IA L  COURT RF.FORTF.R

540 A



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MRS. MC DONALD: NOTHING

FURTHER/ YOUR HONOR.

THE COURT: ALL RIGHT. ANY

FURTHER QUESTIONS?

REDIRECT E XAMINATION

BY MR. BURCH:

Q MR. VAN OS DAL L , DID THE COMPANY UNTIL SEPTEMBER 

7/ 1965 HAVE A POLICY AGAINST HIRING WHITES INTO

THE LABOR DEPARTMENT?

A NO.

Q YOU WERE ASKED W H E T H E R  IT WAS THE COMPANY PRACTICE 

NOT TO DO SO, AND YOU SAID YES, I BELIEVE. UNTIL 

SEPTEMBER, 1965 YOU ANS W E R E D  THAT IT WAS THE C O M 

PANY'S PRACTICE NOT TO HIRE WHITES INTO THE LABOR 

DEPARTMENT. WHAT WERE THE FACTS, WHY WERE THERE 

NO WHITES IN THE LABOR D E P A RTMENT PRIOR TO THAT 

DATE?

A WELL, FOR QUITE A PERIOD OF TIME WE DIDN'T HAVE 

ANY REASON TO HIRE EMPLOYEES INTO THE LABOR D E 

P A RTMENT AND THERE WERE C O N S I D E R A B L E  NUMBER OF 

BLACKS. SO WE DID NOT HIRE, WE DID NOT EMPLOY 

OR ADD TO OUR EM P L O Y M E N T  AS A MATTER OF THE 

ACTUAL PRACTICE, BUT I CAN POINT TO THE FACT THAT

WE DID HIRE WHITES INTO THE LABOR DEPARTMENT.

EV E D ' S  OVEHHECK

________________________ ________9 6 1 _

O F F IC IA L  Cl : f f o r t f . r



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Q WAS THERE A PERIOD OF TIME PRIOR TO 196 5 WHffN

YOU DID NOT HIRE PEOPLE INTO THE LABOR DEPARTMENT?

A YES, RIGHT.

Q DO YOU KNOW A P P R O X I M A T E L Y  THE PERIOD WHEN YOU

SIMPLY HAD NO NEW EMPLOYEES IN THE LABOR D E P A R T 

MENT?

A WELL, THERE SEEMS TO BE EVIDENCE HERE THERE WERE 

VERY FEW EMPLOYEES HIRED, IF ANY, FOR THE PERIOD 

FROM 1957 UNTIL THE G O ’S IN THE LABOR DEPARTMENT.

Q WELL, AGAIN, THE DOCUMENTS SPEAK FOR THEMSELVES,

BUT IF YOU COULD REFER JUST TO THE LABOR D E P A R T 

MENT LIST THERE AND TELL ME W H E T H E R  IT IS CORRECT 

THAT THERE ARE NO OTHER EMPLOYEES SHOWN THERE WHO 

WERE HIRED BETWEEN ’57 AND ’65?

A THE LAST LABORER THAT WAS HIRED IN 1957 WAS HIRED 

ON 2-9-57, AND FROM THAT TIME UNTIL 8-27-65 NO 

ONE WAS HIRED.

Q WHAT WAS THE REASON, WHAT WAS THE O P E R A T I N G  C I R C U M 

STANCE OR REASON YOU WERE NOT HIRING IN THE LABOR
I

D E P A R T M E N T  IN THOSE YEARS?
I

A WELL, WE HAD A S T A B I L I Z A T I O N  OF EMPLOY M E N T  THERE
I

AND DID NOT EXPAND THE GROUP. WE HAD NO NEED 

FOR A D D I T I O N A L  MEMBERS OF THE LABOR DEPARTMENT.

Q PRIOR TO THE TIME THE FIRST W H ITE WAS HIRED INTO

THE LABOR DE P A R T M E N T  IN 1965 DID THE COMPANY HAVE

EVELYN OVEEHECK
O F F IC IA L  c o r i n '  h k p o r t k r

542 Pi

___________ ______________________________ML2__



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4*6 3

ANY POLICY AGAINST HIRING WHITES IN THAT DE-J
I

PARTMENT? j
|

A NO. THERE WAS NO STATED POLICY AGAINST IT.

Q ALL RIGHT. WAS THERE A BAR TO A WHITE MAN E N T E R 

ING THAT DEPARTMENT OF ANY KIND?

A NO.

Q YOU WERE ASKED WHE T H E R  1969 ON THE OCCASION OF

YOUR OFFER TO THE EF F E C T E D  CLASS WAS THE FIRST 

CHANCE FOR BLACKS TO TRANSFER OUT OF THE LABOR 

DEPARTMENT. WAS THAT THE FIRST CHANCE OR O P P O R 

TUNITY THAT PERSONS IN THE LABOR DEPARTMENT HAD 

TO TR A N S F E R  OUT, IRRESPECTIVE OF TESTS OR OTHER 

REQU I R E M E N T S?

A I U N D E R S T O O D  THE QUE S T I O N  TO RELATE TO THOSE HIRED 

PRIOR TO 1957. IS THAT THE WAY YOUR Q UESTION IS?

Q NO, MY QUE S T I O N  IS PRIOR TO THE SPECIAL OFFER

YOU MADE IN 1969 WITH BLACKS IN THE LABOR D E P A R T 

MENT, REGARDLESS OF WHEN THEY WERE HIRED, PERMITTE 

TO T RANSFER OUT?
|

A YES, SURELY.

Q IN 1963 AND 1969 AND ’71 YOU MADE PARTICULAR O F 

FERS WITH P A R T ICULAR CONDITIONS, DID'YOU NOT?

A RIGHT.

Q NOW, LET ME ASK YOU JUST A COUPLE OF QUESTIONS

ABOUT THE TESTS. WHICH OF THE TESTS, THE S.R.A.

UVNLYN OVNItlthVK omcijt «*»r u t KKtwftf#
. • 543 A



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OR THE WONDERLICH, HAVE BEEN USED PRIMARILY

DURING THE TIME THAT TESTS WERE IN USE? t
I

A THE S.R.A. A D A P T A B I L I T Y  TEST WAS OUR MAIN TEST.

Q WAS THAT USED PRIMARILY AS EARLY AS 1957 WHEN YOU

FIRST BEGAN USING TESTS?

A IT W A S ; RIGHT.

Q WAS THE PLAN FOR PROGRESS THAT WAS ENTERED INTO 

IN 1962 ENTERED INTO PURSUANT TO GOVERN M E N T  

E X E CUTIVE ORDER, OR WAS THAT A P ROGRAM THAT EXISTED 

UNDER THE OFFICE OF THE PRESIDENT?

A THAT WAS A V O L UNTARY PROGRAM THAT EXISTED UNDER

P R E SIDENT JOHNSON WHO AT THAT TIME ASKED C O R P O R A 

TIONS TO VO L U N T A R I L Y  GIVE BETTER EMPLOYMENT 

O P P O R T U N I T I ES  TO MINORITIES.

Q WHAT IS YOUR E D U C A T I O N A L  BACKGROUND, MR. VAN

OSDALL?

A I AM A GRADUATE IN E N G I N E E R I N G  FROM OHIO STATE

UNIVERSITY.

Q YOU REFER TO A RUBBER PLANT IN AKRON WHERE YOU
|

PE R F O R M E D  JOB EVALUATIONS. IS THAT SIMILAR OR

C O M P ARABLE TO THE RUBBER PLANT HERE IN HOUSTON?
I

A YES .

Q IS THAT COMPARABLE TO THE PROCESS THAT YOU D E 

SCRIBED EARLIER WITH I N  THE PR O D U C T I O N  D E P A R T M E N T

___________________

I

EVELYN OVEH HECK
O F F IC IA L  COURT HKI'ORTKH

5 4 4  f t

HERE?



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*»6 5

A YES, V/ITH THIS E X P L A N A T I O N  THAT THE RUBBER

PLANT IN AKRON IS A LATEX PLANT, WHICH IS SIMILAR 

TO OUR P L U M U E R I Z A T I O N  AREA. WE HAVE AT THE 

H O U S T O N  PLANT A FINISHING PROCESS WHICH IS NOT IN 

O P E R A T I O N  IN AKRON.

MR. BURCH: PASS THE WITNESS.

THE COURT: MR. WHEAT.

CROSS EXAMIN A T I O N

BY MR. WHEAT:

Q MR. VAN OSDALL, WERE YOU IN THE CO U R T R O O M  WHEN 

MR. R. L. JOHNSON TESTIFIED?

A I WAS.

Q DO YOU RECALL T E S T I M O N Y  R ELATING TO AN EMPLOYEE 

NAMED A. DEMBY?

A I RECALL THE TESTIMONY, YES. IS THAT V/HAT THE 

Q U E S T I O N  WAS?

Q DO YOU RECALL THERE WAS SOME TESTIMONY ABOUT A

T R A N S F E R  INVOLVING MR. DEMBY FROM THE LABOR DE-
I

PARTMENT TO THE DEPART M E N T  THAT IS NOW R E C EIVING 

AND STORES AS A S T O R E R O O M  CLERK?

A I DON'T KNOW WHE T H E R  HE WAS TR A N S F E R R E D  OR NOT.

DID THAT COME INTO THE TESTIMONY?

Q THAT IS WHAT I WANT TO ASK YOU. AT THAT TIME WAS

THERE ANY TRANSFER P R O CESSED T HROUGH YOUR PERSONNEL

EVELYN OVERHECK
O F F IC IA L  C O V R T  RF.FORTER

• 545 ft



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4 6 6

D E P A R T M E N T  INVOLVING THIS EMPLOYEE?

A NO.

Q W O ULD A TRANSFER OF AN EMPLOYEE FROM THE LABOR

D E P A R T M E N T  TO THE RECEIVING AMD STORES D E P A RTMENT 

N E C E S S A R I L Y  INVOLVE A PERSONNEL ACTION THAT WOULD 

COME T HROUGH YOUR OFFICE?

A IF IT HAD BEEN A TRANSFER, IF IT WERE A TRANSFER,

IT W O ULD COME THROUGH OUR OFFICE, YES.

Q ALL RIGHT. THEN CAN YOU STATE W ITH CERTAINTY

THAT MO SUCH T R A N S F E R  DID COME THROUGH YOUR OFFICE?

A I HAVE LOOKED AT HIS RECORD AND I SEE NO RECORD

OF ANY TRANSFER.

Q ALL RIGHT. JUST ONE OTHER QUESTION, MR. VAN

O S D A L L . IN YOUR DIRECT EXAMIN A T I O N  YOU STATED 

THAT YOU HAD NEVER RE C E I V E D  A G R I EVANCE FROM THE 

UNION RELATING TO TESTING AND E D U C A T I O N A L  R E Q U I R E 

MENTS. BY YOUR ANSWER DID YOU MEAN THAT YOU HAD 

NEVER BEEN P R E SENTED WITH A GR I E V A N C E  C HALLENGING 

THE TESTING AND E D U C A T I O N A L  POLICY AS A POLICY OF 

THE COMPANY OR YOU HAD NEVER RECEIVED A GRIEVANCE 

REL A T I N G  TO THE A P P L I C A T I O N  OF A POLICY?

A I DON'T RECALL HAVI N G  RECEIVED EITHER.

Q DO YOU RECALL R E C EIVING SOME INDIVIDUAL GRIEVANCES 

INVOLVING AN EMPLOYEE BEING T R A N S F E R R E D  FROM ONE 

D E P A R T M E N T  TO ANOTHER AND THEN BFING SENT BACK TO

EVELYX OVERHECK
O F F IC IA L  COUMT. I ^ i J ’n H T E R



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4 67

HIS OWN D E P A R T M E N T  AND A GRIEVANCE BEING FILED 

OVER THAT? W O U L D  THAT REFRESH YOUR MEMORY?

A I REM E M B E R  A CASE LIKE THAT WHICH WAS NOT A

CHALLENGE TO THE TES T I N G  POLICY BUT WAS A CHALLENGE 

TO THAT INDIVIDUAL. IS THAT WHAT YOU ARE TALKING 

ABOUT?

Q THIS IS MY Q UESTION ACTUALLY, W H E T H E R  OR NOT THE 

POLICY ITSELF WAS EVER CHALLENGED OR WHE T H E R  OR 

NOT THERE WAS NEVER EVEN ANY CHALLENGE AS TO ITS 

A P P L I C A T I O N  IN INDIVIDUAL CASES?

A WE HAD A CASE OF AN INDIVIDUAL, YES.

Q ALL RIGHT. MIGHT THERE HAVE BEEN MORE THAN ONE?

A I MIGHT NOT BE THINKING ABOUT THE SAME CASE YOU

ARE. I ’M THINKING ABOUT AN INDIVIDUAL THAT WAS 

T R A N S F E R R E D  WITHOUT TAKING A TEST. W H ENEVER WE 

D I S C O V E R E D  THE ERROR WE PUT HIM BACK, AND THAT 

WAS A DI S C U S S I O N  THAT I AM T H I N K I N G  ABOUT.

Q ALL RIGHT, SIR. ARE YOU FAMILIAR WITH ARTICLE 13 

ON PAGE 3'* OF THE CURRENT COLLECTIVE B A R G AINING 

CON T R A C T  ENTITLED "EMPLOYER AND LABOR \ O R G A N I Z A 

TION RELATIONS"?

A WHAT PAGE, PLEASE?

Q 3 4.

A I A M .

Q DURING THE PERIOD OF TIME THAT YOUR COMPANY

EVELYX OVER HECK
O F F IC IA L  1 2 j r h T  HKI’OHTKH547 ft



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M A I N T A I N E D  TESTING AND EDUCAT I O N A L  R E QUIREMENTS

WAS IT THE POSITION OF THE COMPANY THAT IT HAD 

THE R I GHT TO DO SO UNDER THE ARTICLES THAT I R E 

FER TO?

A WELL, PA R A G R A P H  B, YES.

Q I DO REFER TO P A R AGRAPH B.

A Y E S .

Q TO YOUR K N O WLEDGE IS THERE AN Y T H I N G  IN THE CURRENT

C O L L E C T I V E  B A R G A I N I N G  C ONTRACT RESTRICTING, OR IN 

ANY PREVIOUS C O L L E C T I V E  BA R G A I N I N G  CONTRACT R E 

S T R ICTING THE RIGHT OF THE COMPANY TO TEST AND 

F O R MULATE E D U C A T I O N A L  RE Q U I R E M E N T  R E S T RICTIONS?

A NO.

Q THAT COULD FORM THE PREDICATE FOR A G R I E VANCE?

A I KNOW OF NO CLAUSE IN THE C O NTRACT R E S T R I C T I N G

IT..

MR. WHEAT: THANK YOU, SIR.

I PASS THE WITNESS.

THE COURT: MR. BURCH.

MR. BURCH: YOUR HONOR, MY

QUESTIONS W O U L D  JUST BE ARGUMENTATIVE.

I WILL PASS THE WITNESS.

THE COURT: ALL RIGHT. YOU

MAY STEP DOWN.

EVELYA OYEEliECK
O F F K ' I M . r o i ’U r  R E P O R T E R

5 4 8 ' A

___________________________________________________________________________  _____



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_________ ________________________  ^ G 9___

THE: COURT: CALL YOUR NEXT WITNESS.

MR. BURCH: YOUR H O N O R , WE WOULD LIKE 

TO BE P E R M I T T E D  TO RECALL MR. ALBRECHT.

THE COURT: ALL RIGHT. MR. ALBRECHT.

F R E DERICK ALBRECHT,

R ECALLED AS A WITNESS 8Y THE DEFENDANT COMPANY, HAVING 

BEEN PR E V I O U S L Y  SWORN, TESTIFIED FURTHER AS FOLLOWS:

DIRECT e x a m i n a t i o n :

BY MR. BURCH:

Q MR. AL3RECHT, YOU ARE THE SAME MR. A L BRECHT WHO 

T E S T I F I E D  HERE PREVIOUSLY, ARE YOU NOT?

A THAT'S RIGHT.

Q THIS M O R N I N G  DID YOU ADVISE ME THAT WITH RESPECT

TO YOUR TESTIMONY YESTERDAY ON COLLEGE EDUCATION
*

OF PEOPLE UNDER YOUR J U R I S D I C T I O N  YOU HAD D I S 

COVERED THAT YOUR TESTIMONY WAS EITHER INCOMPLETE 

OR N E E D E D  C L A R I F I C A T I ON ?

A THAT'S CORRECT.

Q WOULD YOU TELL US WHAT THE FACTS ARE ON THAT 

THAT YOU HAVE D E T E R M I N E D  SINCE YESTERDAY?

A YES, SIR. THERE WAS SOME CON F U S I O N  IN MY ANSWERS,

I BELIEVE, TO QUESTIONS CONCERNING COLLEGE EDUCA-

. I TES T I F I E D  THAT MR. BONNER DID NOT HAVE

~ EVELYN OYERHECK
O F F IC IA L  C O V K T HKI'OKTEH

54li fV

TI ON



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4 7 0

A DEGREE AND MR. BONNER DOES HAVE A DEGREE

Q WHAT IS HIS R A C E / PLEASE?

A HE IS WHITE.

Q ALL RIGHT.

A AND I T E S T I F I E D  THAT MR. PARSONS HAD A DEGREE,

AND IN CHECKING THE RECORDS I FIND THAT MR. 

PARSONS DOES NOT HAVE A DEGREE. HE ONLY HAD G5 

TOTAL HOURS OF COLLEGE CREDIT.

Q AND WHAT IS HIS RACE, PLEASE?

A HE IS BLACK.

Q ALL RIGHT. NOW, DID T)U DETERMINE THAT THERE WERE 

SOME A D D I T I O N A L  EMPLOYEES WHO PO S S E S S E D  DEGREES 

THAT YOU MIGHT NOT HAVE M E N TIONED IN YOUR T E S T I 

MONY?

A WELL, WE DID NOT MENTION THAT. IN THE LATTER 

PART OF THE T E S TIMONY Q U ESTION WAS PUT TO ME I 

THOUGHT CONCERN I'D A CHEMIST WITH DEGREES, AND I 

SAID IT WAS MR. LEWIS AND MR. PARSONS. EARLIER I 

HAD SAID MR. RUSSELL, WHO HAS A B.S. DEGREE IN 

CHEMISTRY AND MR. SCHEDEL WHO HAS A B.S. DEGREE 

IN M A T H E M A T I C S  WERE INCLUDED. I D O N ’T BELIEVE 

I SAID THAT LATER IN THE TESTIMONY.

Q ALL RIGHT.

A AND THEN WE HAVE A MR. BLAND AND A MR. HOUSTON

WHO HAVE BACHELOR OF SCIENCE DEGREE IN CHEMISTRY.

EVELYN OVERHECK
O FFK 7 A l. ' I 'It r  It F I ’(lit r u n

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<♦71

Q ALL RIGHT. THAT IS ALL. THANK YOU.

MR. BURCH: PASS THE WITNESS.

THE COURT: MRS. MC DONALD?

MRS. MC DONALD: YES.

CROSS EXAMIN A T I O N  

BY MRS. MC DONALD:

Q MR. ALBRECHT, DO YOU HAVE A MR. WALL EMPLOYED AS 

A TECHNICIAN?

A YES .

Q IS HE WHITE OR BLACK?

A HE'S WHITE.

Q DID IT TAKE LONGER THAN THE NORMAL TRAINING TIME 

TO TRAIN MR. WALL?

A NO.

Q IS HE PERFORMING S A T I S F A C T O R IL Y ?

A YES .

Q DO LAB TECHNICIANS NORMALLY HAVE TO CARRY LIST5

OF PAPER WITH THEM IN ORDER TO PICK UP AND CARRY 

SAMPLES?

A WE ENCOURAGE THEM TO ACTUALLY, ALL OF OUR MEN,

TO KEEP A RECORD, A BOOK OR NOTEBOOK TO HELP THEM 

TO RE M E M B E R  WHAT TC DO.

Q DOES MR. WALL HAVE ANY DIFFIC U L T Y  REMEMB E R I N G

WHERE TO PICK UP SAMPLES?

EVELYN OYEEEECK ~
O F F IC IA L  c o r i n '  HK FORTH ft

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A AS FAR AS I KNOW HE DOES NOT.

Q DO YOU HAVE AN EMPLOYEE NAMED CANTU, C-A-N-T-U?

A YES .

Q IS HE WHITE OR BLACK?

A HE IS A LATIN-AMERICAN.

Q IS HE A LAB TECHNICIAN?

A YES.

Q DID IT TAKE LONGER THAN THE NORMAL TRAINING PERIOD 

TO TRAIN MR. CANTU?

A IT TOOK LONGER THAN NORMAL FOR MR. CANTU.

Q DID IT TAKE LONGER THAN IT DID TO TRAIN MR. PERCY

VITAL WHO T E S TIFIED YESTERDAY?

A NO, IT DID NOT.

Q IS MR. CANTU FULLY TRAINED NOW AS A LAB TECHNICIAN?

A YES .

Q DID YOU TELL MR. R. L. JOHNSON THAT MR. PERCY VITAL 

WAS DOING A VERY GOOD JOB AND THAT YOU WISHED 

THAT YOU HAD MORE LAB TECHNICIANS LIKE HIM?

A I W O U L D N ' T  BE AT ALL SURPRISED IF I SAID THAT TO 

HIM BECAUSE MR. VITAL HAS BEEN VERY CONSCIENTIOUS 

W O R K E R .

Q CAN YOU RECALL M A K I N G  THAT STATEMENT?

A NO, I CAN'T RECALL DEFINI T E L Y  SAYING THAT, BUT

IT IS THE SORT OF THING I COULD HAVE SAID TO 

MR. JOHNSON.

EVELYN ()VMtliE<'K
O F F IC IA L  c n t ' U T  RKFORTKH

5512 A

______ _________________________ *+72



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*♦7 3

Q DO YOU REMEMBER HAVING A C O N V E R S A T I O N  WITH MR. 

JOH N S O N  CONCERNING MR. VITAL'S PERFORMANCE?

MR. BURCH: Y)UR H O N O R , THIS

GOES BEYOND WHAT THE WITNESS WAS R E 

CALLED TO TESTIFY ABOUT, AND WE DO NOT 

IN ANY GN5E Q UESTION MR. VITAL'S C O M P E 

TENCE ON THE JOB TODAY AND WOULD S T I P U 

LATE THAT HE DOES A GOOD JOB. THIS IS 

NOT R ELEVANT TO THE VERY LIMITED PURPOSE 

FOR WHICH HE WAS RECALLED.

MRS. MC DONALD: I WAS GOING

TO LIMIT IT IN TIME. THE C O N V E R S A T I O N  

I WAS GOING TO ASK MR. ALBRECHT, IF THIS 

C O N V E R S A T I O N  TOOK PLACE PRIOR TO THE 

90-DAY T RAINING PERIOD.

THE COURT: ALL RIGHT.

Q MR. ALBRECHT, DO YOU RECALL HAVING A C O NVERSATION 

WITH MR. R. L. JOHNSON CONCERNING MR. VITAL'S 

P E RFORMANCE?

A I TALKED TO MR. JOHNSON FREQUENTLY AT THE PLANT.

I VERY LIKELY TALKED TO H 1MABOUT THE SUBJECT. I 

COULD NOT SAY IF IT WAS 3EF0RE OR AFTER THE 90 

DAYS .

MRS. MC DONALD: NOTHING FURTHEJ

THE COURT: ALL RIGHT.

EVELYN OVER liECK
O F F IC IA L  I ' lU 'I tT  UKl'OKTF.H

5 b 3  f)

ANY



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4 7 9

FURTHER QUESTION'S OF THIS WITNESS?

YOU MAY STEP DOWN, MR. ALBRECHT

MR. BURCH: YOUR HONOR, REFERRING BACK

TO THE C O N V E R S A T I O N  BETWEEN COUNSEL YESTERDAY ABOUT 

EXHIBITS AND CORRECTIONS, AND THAT GENERAL SUBJECT,

AT THIS TIME I OFFER IN EVIDENCE COMPANY EXHIBIT 18 

WHICH PURPORTS TO BE RATE CARDS OF NEGRO EMPLOYEES IN 

THIS BARGAINING UNIT, CURRENT EMPLOYEES, AND COMPANY 

EXHI3IT 19 WHICH PURPORTS TO BE RATE CARDS FOR WHITE 

CURRENT EMPLOYEES IN THIS B A R G A I N I N G  UNIT, AND THESE 

CARDS CONTAINING SINCE 1965 DEPARTMENT ASSIGN M E N T S  AND 

RATES OF PAY. COPIES HAVE BEEN GIVEN TO OPPOSING 

COUNSEL PRIOR TO THE TRIAL AND 1 ASK THAT WE BE P E R 

MITTED TO WI T H D R A W  THEM AFTER THE HEARING CLOSES FOR 

THE PURPOSES OF CO R R E C T I N G  ANY INACCURACY.

I THINK COUNSEL HAS TOLD US THERE ARE 

SOME WHITES IN THE BLACK RECORDS, AND VICE VERSA. I 

THINK THEY MIGHT BE OF A S S I STANCE TO THE COURT AND ALL 

COUNSEL IN SEEING THAT THESE FIGURES AND EXHIBITS ARE 

CORRECT.

THE COURT: ALL RIGHT. IS THERE ANY O B 

JECTION?

MRS. MC DONALD: NO, YOUR HONOR.

MR. WHEAT: NO, YOUR HONOR.

EVELYN OYER HECK
OFFICIAL ClUJtX. IJt'FOJtTKH



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<♦75

THE COURT: ALL RIGHT. DEFENDANTS'

EXHIBITS 18 AND 19 ARE ADMITTED.

MR. BURCH: YOUR HONOR, I DI S C O V E R E D  AT

A VERY LATE TIME THAT COMPANY EXHIBIT 9, BEING A 1967 

SENIORITY LIST, A P P A R E N T L Y  HAS NOT BEEN MAR K E D  AS TO 

THE RACE OF THE EMPLOYEE. I BELIEVE WE MAY HAVE 

M A R K E D  THE COPY THAT WE GAVE MRS. MC DONALD. IN ANY 

EVENT, WE W O U L D  REQUEST PERMISSION TO W I T H D R A W  THAT 

E XHIBIT AFTER THE HEARING CLOSES AND MARK IT AS TO 

RACE.

OBJECTION?

THE COURT: ALL RIGHT. IS THERE ANY

I AM ASSUMING COPIES WILL BE FURNISHED

TO ALL COUNSEL.

MRS. MC DONALD: NO, YOUR HONOR.

MR. WHEAT: NO, YOUR HONOR.

MR. BURCH: COMPANY RESTS.

THE COURT: ALL RIGHT. THE COMPANY HAS

RESTED.

WE NOW COME TO YOU, MR. WHEAT.

MR. WHEAT: THANK YOU, SIR. WE ARE

READY TO PROCEED.

WE CALL MR. PAUL TEAGUE.

E V E L Y N  O Y  Eli H E C K
o f f i c i a l  c o u r t  r f . p o r t k r

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4 7 6

PAUL TEAGUE,

WITNESS CALLED BY AND IN BEHALF OF THE DEFENDANT UNION, 

HAVING BEEN FIRST DULY SWORN, WAS EXAMINED AND TESTIFIED 

AS FOLLOWS:

DIRECT E XAMINATION

BY MR. WHEAT:

Q WOULD YOU STATE YOUR NAME FOR THE RECORD?

A PAUL TEAGUE, T-E-A-G-U-E.

Q AND THE ADDRESS?

A MY HOME ADDRESS IS 1032 24TH AVENUE NORTH, TEXAS 

CITY .

Q HOW ARE YOU EMPLOYED?

A BUSINESS MANAGER OF LOCAL 237, INTERNATIONAL UNION

OF O P E RATING ENGINEERS.

Q HOW LONG HAVE YOU BEEN SO EMPLOYED?

A I HAVE BEEN EMPLOYED DIRECTLY BY LOCAL 237 

SINCE ABOUT SE P T E M B E R  OF' 196 0 *0R '61.

Q PRIOR/TO THAT WHAT CAPACITY DID YOU HOLD?

A I WAS ON THE STAFF OF INTERNATIONAL UNION, THE

SAME UNION.

Q ALL RIGHT. WHAT ARE YOUR DUTIES AND RESPONS IBILITI 

AS BUSINESS MANAGER OF ENGINEERS LOCAL 237?

A WELL, EITHER MYSELF OR SOMEONE ON MY STAFF HAVE 

THE OBLIGATIONS, THE AUTHORITIES, TO NEGOTIATE

E V E L Y N  O V  E l i H E C K
ah ' hUl ' lAL COUNT KKI ’OHTKK

55G/?



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C O L L E C T I V E  BARGAINING AGREEMENTS, HANDLING G R I E V 

ANCES, SEEKING ENFORCEMENTS OF THOSE GRIEVANCES 

AND H A N D L I N G  OTHER BUSINESS AND FINANCIAL AFFAIRS 

OF THE LOCAL UNION ASSIGNED US OR AS PROVIDED FOR 

US TO DO UNDER THE BYLAWS OF THE LOCAL UNION.

Q WHAT IS THE G E O G R A P H I C A L  J U R I S D I C T I O N  OF THE LOCAL ’

A P R I N C I P A L L Y  THE GULF COAST FROM ORANGE TO CORPUS, 

WITH THE EXCEPTIONS OF BRAZORIA COUNTY AND FORT 

BEND COUNTY. WE DO HAVE SOME SPECIAL J U R I S D I C T I O N  

WE INHERITED IN DALLAS COUNTY.

Q WHAT I N T E RNATIONAL UNION, IF ANY, HAS C H A RTERED 

LOCAL 237?

A THE INTE R N A T I O N AL  UNION OF O P E RATING ENGINEERS.

Q A P P R O X I M A T E L Y  HOW LARGE IS ENGINEERS LOCAL 237

IN TERMS OF MEMBERSHIP?

A A P P R O X I M A T E L Y  2800 AT THE PRESENT.

Q DO YOU HAVE COLLECTIVE BARGAINING CONTRACTS WITH 

VARIOUS EMPLOYERS IN THE GULF COAST AREA?

A Y E S , SIR.

Q A P P R O X I M A T E L Y  HOW MANY COLLECTIVE BARGAINING

CONTRACTS DO YOU NEGOTIATE OR ADMINISTER?

A I W O ULD JUDGE SOME WE DEAL WITH THROUGH, WITH

OTHER UNIONS, MOST DIRECTLY THROUGH OUR OWN 

LOCALS ALL TOLD 225 OR 30 CONTRACTS WE ARE 

INVOLVED IN.

______ ____________________________________________ _____ _________4 77 ____

~ ~  EYEEYX OYElxEEX'K
O F F IC IA L  <' l i v i n '  HEFOHTF.R

557/1



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Q IS THE CO-DEF E N D A N T  IN THIS CASE, GOODYEAR, A

COMPANY WITH WHICH ENGINEERS LOCAL 237 HAS A 

DIRECT CONTRACT?

A YES .

Q HOW LONG HAS THERE BEEN A CONTRACTUAL RELATI O N S H I P  

BETWEEN THE LOCAL AND GOODYEAR?

A THERE, AGAIN, EITHER DIRECTLY OR THROUGH A TRADES 

OR A TRADES COUNCIL, I UNDERSTAND, BACK TO ABOUT 

1944, *45.

Q NOW, MR. TEAGUE, WOULD YOU GIVE THE COURT SOME IDEA 

OF HOW ENGINEERS LOCAL 237 IS A D M I N I S T E R E D  IN 

TERMS OF LEADERSHIP? WHO IS THE CHIEF EXECUTIVE 

OFFICER OF THE LOCAL?

A THE BUSINESS MANAGER IS DESCRIBED BY THE C O N S T I T U 

TION AS THE CHIEF EXECUTIVE OFFICER. IN OTHER 

WO.RDS, I AM THE CHIEF FULL-TIME EMPLOYED PERSON 

OF THE LOCAL UNION. UNDER MY D I R ECTION THERE IS 

E M PLOYED OTHER BUSINESS REPRESENTATIVES, THREE 

OTHERS, AND OFFICE STAFFS TO HANDLE THE BUSINESS 

OF THE LOCAL UNION. THESE ARE THE FULL-TIME P E R 

SONNEL EMPLOYED BY THE LOCAL UNION.

THEN OF COURSE WE HAVE THE PRINCIPAL 

OFFICERS OF THE LOCAL THAT ARE ELECTED, PRESIDENT, 

VICE PRESIDENT, RECORDING CORR E S P O N D E NC E  SECRETARY,

FINANCIAL SECRETARY, TREASURER, THAT ARE PEOPLE

E V E L Y N  O Y E R  H E C K  ~ 
oFFiriM. rouicr ithroirrnit

u  558/1

_____________________________________________________________________________________ _________________________________________________________________________________ _____ ^ 7 8



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WHO WORK IN A PLANT EMPLOYED BY SOME INDUSTRY
|

BUT WHO ARE ELECTED TO THE PRINCIPAL OFFICES OF
I

THE LOCAL.

OF THE FULL-TIME STAFF I AM THE ONLY 

ELECTED INDIVIDUAL.

Q HOW OFTEN ARE R E - ELECTIONS CONDUCTED?

A IT DEPENDS. THE PRINCIPAL OFFICER OF THE LOCAL

UNION EVERY THREE YEARS, MOST GROUP OFFICERS EVERY 

YEAR, SOMETIMES EVERY TWO YEARS, D E P ENDING ON THE 

A R R A N G E M E N T S  WITHIN THAT GROUP.

Q WOULD YOU LIST THE OFFICER POSITIONS OF THE LOCAL
/

UNION TO THE EXTENT THAT YOU H A V E N ’T ALREADY DONE 

SO?

A OFFICER POSITIONS?

Q YES, NOT THE NAMES OF THE INDIVIDUALS BUT THE P O S I 

TIONS.

A WELL, IN AD D I T I O N  TO THOSE PRINCIPAL OFFICERS I

M E N T I O N E D  THERE IS A GUARD,'"'THE RE IS A CONDUCTOR, 

THERE IS THREE TRUSTEE AUDITORS. THEN WE HAVE

FROM EACH GROUP OF FIFTEEN OR MORE MEMBERS ONE
I

OR MORE EXECUTIVE BOARD MEMBERS, THE NUMBER OF
I

MEMBERS BEING DEPENDENT UPON THE NUMBER OF THE 

MEMBERS WITHIN A GIVEN GROUP.

THEN UNDER THOSE EXECUTIVE BOARD MEMBERS

ARE THE GROUP OFFICERS WHICH VARY FROM GROUP TO

E V  E L Y S '  O Y E R  H E C K
OF F I C I A L  COURT R E P O R T  HR

55!)#

4 7 9



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4 8 0

GROUP. AT G OODYEAR IT IS THE CHIEF S T E W A R D .j THERE

ARE FIVE PLANT UNIT COMMITTEEMEN, AND UNDER THOSE
1

PEOPLE THERE IS A NUMBER OF STEWARDS THAT IS A P 

POINTED WITHIN THE GOODYEAR PLANT; LIKEWISE IN 

EACH OTHER PLANT.

Q WHAT MEMBERS COMPOSE THE EXECUTIVE BOARD OF THE 

LOCAL?

A THE SIX PRINCIPAL OFFICERS, PLUS THOSE OTHERS WHICH 

ARE ELECTED FROM THE DIFFERENT GROUPS, THAT IS,

EACH GROUP FIFTEEN OR MORE MEMBERS HAVING AT LEAST 

ONE AND UP TO A MAX I M U M  OF FOUR, DEPENDING UPON 

THE SIZE OF THE GROUP.

Q WHAT ARE THE POWERS AND DUTIES OF THE EXECUTIVE 

BOARD OF THE LOCAL UNION?

A IT IS THE P O L I C Y - M A K I NG  BODY OF THE LOCAL UNION 

AND IT IS FULL POWER AND AUTHORITIES SUBJECT TO 

THE M E M B E R S H I P  OF THE LOCAL.

Q WITH WHAT FREQUENCY DOES' THE EXECUTIVE BOARD MEET 

AMD CONFER?

A ONCE PER MONTH; SOMETIMES SPECIAL CALLED BUT N O R 

MALLY ONCE PER MONTH.I

Q WITH WHAT FREQUENCY ARE THE GEN E R A L  MEMBERSHIP 

MEETINGS?

A ONCE PER MONTH.

Q ALL RIGHT. AT ANY TIME IN THE PAST WAS LOCAL 347

E V l ' I . Y X  O V E l i l i E C K
OfFiriM, COURT REPORTER

-- 5GO0



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OF THE ENGINEERS BROKEN UP INTO MORE THAN ONE 

UNIT, TO YOUR KNOWLEDGE? i

A BACK IN, AT LEAST IN THE 1 9 5 0 ’S -- I DON'T KNOW 

HOW FAR BACK THIS GOES -- AT LEAST IN 1953 I 

KNOW IT TO BE TRUE THAT LOCAL 347 WAS C O M PRISED 

OF THE PARENT BODY AND IN A DDITION TWO DIFFERENT 

B R A N C H E S .

Q WERE THERE MEMBERS IN EACH OF THE THREE OR ONLY 

IN THE TWO S UBORDINATE BODIES?

A OH, IN EACH OF THE THREE.

Q CAN YOU GIVE US SOME A P P R O X I M A T I ON  OF THE NUMBERS
/

OF MEMBERS IN EACH OF THE THREE?

A WELL, IN 1958 I THINK THERE WAS A TOTAL NUMBER OF 

AROUND 2900 PEOPLE WITH I N  THE PARENT, PLUS THE 

TWO BRANCHES. WITHIN THE 347 A BRANCH THERE WAS 

25 OR 30 PERSONS. WIT H I N  THE 347 C BRANCH THERE 

WAS THREE, FOUR HUNDRED. ALL THE REMAINDER WOULD 

HAVE BEEN MEMBERS OF T H E ' PARENT LOCAL.

Q WAS THAT THE"DIVISI ON THAT YOU E NCOUNTERED WHEN
I

YOU FIRST BECAME AN OFFICER OR R E P R E S E N T A T IV E  OF
I

THE LOCAL?

A I W A S N ' T  AN OFFICER; I WAS ASSIGNED AS A STAFF

MAN TO ASSIST THE LOCAL UNION IN M I D - 1958, AND 

THAT WAS THE SI T U A T I O N  WE FOUND W HEN IWAS SO 

ASS I G N E D  TO THIS LOCAL UNION TO ASSIST THEM.

E V E L Y N  O Y E R  H E C K  ~
O F F I C I A L  COUR T R E P O R T E R

S G l f l

48 1



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Q NOW, AT THE PRESENT, OF COURSE THE LOCAL IS ONE 

UNIT -- THAT IS TRUE, I S N ’T IT?

A THAT IS TRUE. WE HAVE NO BRANCHES AT THIS TIME.

Q ALL RIGHT. WHEN DID THE THREE BRANCHES OF

ENGINEERS LOCAL 347 FUSE INTO ONE?

A 3 4 7 -A WAS D I S SOLVED IN THE FALL OF 195 8 AND 

3 4 7 -C WAS D I S SOLVED IN JANUARY OF 1961.

Q WHEN THERE WERE THREE SUBDIVISIONS OF THE LOCAL, 

WHAT WAS THE PURPOSE FOR THIS ARRANGEMENT?

A UNDER OUR I N T E RNATIONAL UNION C O N S T I T U T I O N  LOCALS

WERE ALLOWED AND ARE STILL ALLOWED TO SET UP
/

BRANCHES OF M E M B E R S H I P  WITHIN A LOCAL UNION RANKS 

FOR D I F FERENT PURPOSES. AN EXAMPLE, A BRANCH OF 

A S S I S T A N T  ENGINEERS OR HELPERS AS SUCH IS QUITE 

OFTEN SET UP WHERE THERE IS A TRUE CRAFT LOCAL 

UNION OR TRUE CRAFT GROUP OF J O U R N E Y M E N  AND THEIR 

ASSIST A N T S  AND HELPERS PUT INTO THE BRANCH.

THERE IS CASTS WHERE B R ATI C H E S'* W E R E SET UP FOR 

THOSE PERSONS THAT WERE IN REGISTERED A P P R E N T I C E 

SHIP PROGRAMS TO BE SEPARATE FROM OTHERS.

THERE WERE THOSE CASES AND STILL ARE 

AT TIMES IN DIFFERENT LOCALS WHERE PERSONS E M 

PLOYED UNDER A LOCAL UNION CONTRACT BUT NOT WITHIN 

THE TRUE STATIONARY ENGINEER CRAFT J U R I S D I C T I O N

AS SUCH IS PLACED IN A SEPARATE BRANCH BECAUSE

4 8 2

EVELYN OVER HECK
O F F IC IA L  c o i n e r  R E P O R T E R

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THEY ARE NOT REALLY STATIONARY ENGINEERS AS A 

CRAFT BUT THEY ARE UNDER AN ENGINEERS' CONTRACT 

UNDER COLLECTIVE BARGAINING RELATIONSHIPS.

Q WOULD YOU NOTE FOR THE RECORD THE BASIC DIFFERENCE 

BETWEEN A CRAFT UNION AND AN INDUSTRIAL UNION?

A I KNOW IN THEORY. THERE ARE VERY FEW LOCALS

REALLY EXIST AS A PURE CRAFT OR PURE INDUSTRIAL 

ANY MORE.

Q HOW WOULD YOU DESCRIBE LOCAL 347 IN ITS PRESENT 

STATE?

A IT IS PROBABLY CRAFT ORIENTED BUT OPERATES AS AN
i

INDUSTRIAL-TYPE ORGANIZATION.

Q ALL RIGHT. NOW, LET ME DIRECT YOUR ATTENTION TO 

THE GOODYEAR PLANT. A P P R O X I M A T E LY  HOW MANY E M 

PLOYEES OF GOODYEAR DOES ENGINEERS LOCAL 347 R E P 

RESENT?

A S O M ETHING OVER 500.

Q IS IT THE RES PON S I B I L I T Y O F  'EI4GI N E E RS LOCAL 347

TO REPRESENT ""ALL EMPLOYEES IN THE BARGAINING UNIT 

WITHOUT RESPECT TO THEIR MEMBER S H I P  IN THE UNION?

A YES, SIR, AND WE DO SO.

Q WHAT IS THE STRUCTURE OF R E P R E S E N T A T IO N  AT THE

G OODYEAR PLANT, AND BY THAT I MEAN WHAT OFFICIALS 

OF THE UNION REPRESENT THE UNION AT THE GOODYEAR

PLANT FOR THE PURPOSE OF R E P R E S E N T I N G  THE EMPLOYEES

“  E V E L Y N  O Y E R H E C K
O F F I C I A L  COVHT HKFORTKH

s o

48 3



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4 8 4

THERE? ;

A I GUESS YOU WOULD SAY ON THE FIRST FLOOR WOULDT

EE THE STEWARD SYSTEM WHICH IS SOME 20 TO 30 

PERSONS TH R O U G H O U T  THE PLANT AP P O I N T E D  BY A CHIEF 

STEWARD WHOSE JOB IT IS TO PRESENT AN CONSULT 

WITH M A N A G E M E N T  WITH REGARD TO EMPLOYEES' GRIPES 

OR GRIEVANCES.

ABOVE THAT GROUP, STRUCTURE OF STEWARDS, 

IS A COMMITTEE OF FIVE PERSONS WHICH INCLUDES THE 

CHIEF STEWARD. THIS COMMITTEE OF FIVE HANDLES 

GRIEVANCES AT THE FIFTH STEP OF THE GRIEVANCE 

PROCEDURE. THAT IS, THE HIGHEST STEP WITH M A N A G E 

MENT SHORT OF GOING TO ARBITRATION. A MEMBER OF 

THAT FIVE-MAN COMMITTEE IS THE CHIEF STEWARD. HE 

HANDLES GRIEVANCES, ALONG WITH THE HELP OF OTHERS, 

BETWEEN THE FIRST STEP AND THE FIFTH STEP.

ABOVE THE PLANT COMMITTEE IS THE B U S I 

NESS R E P R E S E N T A T I V E  THAT IS ASS I G N E D  TO THAT GIVEN 

PLANT, WHICH IS IN THIS CASE JESSE JONES HANDLES
I

THE GOO D Y E A R  BUSINESS. ABOVE JESSE IS MYSELF.

I HARDLY EVER ENGAGE IN GRIEVANCES OR ENFORCEMENTS 

ANY MORE. HOWEVER, I DO PERSONALLY NEGOTIATE THE

GOO D Y E A R  CONTRACTS AS THEY COME UP.

Q DOES MR. JONES REPORT TO YOU?

A OH, YES.

EVELYN OVER HECK
O F F IC IA L  COURT R E P O R T E R

* 5 (HA



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48  5

Q AND DOES THE CHIEF STEWARD REPORT TO MR. JONES?

A YES, SIR.

Q AND ARE THE STEWARDS RESPONSIBLE TO THE CHIEF 

STEWARD?

A YES, SIR.

Q ARE THEY AP P O I N T E D  BY THE CHIEF STEWARD FOR A 

PA R T I C U L A R  PERIOD OF TIME?

A WELL, THEY ARE A P P O I N T E D  FOR THE CHIEF S T E W A R D ’S 

TERM, WHICH IS TWO YEARS NORMALLY. HOWEVER, THE 

CHIEF STEWARD HAS A RIGHT TO REMOVE THEM FROM 

OFFICE AND I SUPPOSE AT TIMES HAS.

Q ALL STEWARDS THEN SERVE AT THE WILL OF THE CHIEF 

STEWARD?

A CORRECT.

Q ALL RIGHT. WHAT CONTROL OR INFLUENCE, IF ANY,

DOES THE UNION HAVE OVER THE HIRING PRACTICES OF 

THE G O O D Y E A R  COMPANY AT THE PRESENT?

A A B S O L U T E L Y  NONE.

Q HAS THE LOCAL EVER HAD ANY CONTROL OR INFLUENCE

OVER THE HIRING PRACTICES OF THE DEFENDANT COMPANY'

A NO, SIR.

Q DOES THE COMPANY LOOK TO THE LOCAL FOR REFERRALS

OF Q U A L I F I E D  A PPLICANTS?

A NO, SIR.

Q DOES THE LOCAL FROM TIME TO TIME REFER APPLICANTS

E V E E Y X  O Y E R  H E C K
O FF I C I A L  COUR T R E P O R TE R



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FOR E MPLOYMENT?

A WELL, THE LAST TWELVE YEARS I MAY HAVE CALLED THE 

COMPANY ONCE OR TWICE AND SAID, "LOOK, I'D LIKE 

TO SEND SOME GUY UP TO HAVE YOU TALK WITH." I 

DON'T R E M E M B E R  DOING SO, BUT IT COULD HAVE H A PPENED

A REFERRAL SYSTEM WHERE THEY WOULD N O R 

MALLY C O NSIDER ANYBODY WE SENT, NO. ANYBODY I 

SENT WAS A PERSONAL FRIEND OR SOMETHING.

Q IN SOME COLLECTIVE BARGAI N I N G  RELATIONSHIPS

THERE ARE FORMAL OR INFORMAL ARRANG E M E N T S  FOR 

N O T I F I C A T I O N  OF THE UNION UPON THE HIRING OF A 

NEW EMPLOYEE. IS THAT THE SI T U A T I O N  AT GOODYEAR?

A NO, SIR. NO HIRING A R R A N G E M E N T  WHATSOEVER.

Q DO YOU HAVE KNOWLEDGE OF THE PERCENTAGE OF M I N O R I T v 

EMPLOYEES AT GOODYEAR PLANT? I AM SPEAKING OF 

PRESENTLY?

A YES. I MAY HAVE MADE SOME NOTES ON THAT FROM 

INFORMATION GIVEN ME BY THE COMPANY.

Q WHAT P E R C ENTAGE OF THE EMPLOYEES AT GOODYEAR

T H R O U G H O U T  THE PLANT ARE OF MINORITY EXTRACTION?

A MAY I LOOK AT MY NOTES?

Q YES, SIR.

MRS. MC DONALD: EXCUSE ME.

YOUR HONOR, I WOULD OBJECT TO THE FORM

OF THE QUESTION UNLESS BY THE WORD

EVELYN OYEIUiECK
O F F IC IA L  COUICr R E P O R T E R

— 5G(ja



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"MINORITY" MR. TEAGUE IS REFERRING TO 

JUST BLACKS. THIS CASE IS LIMITED TO 

B L A C K S .

THE COURT: I WILL PERMIT HIM

TO DEVELOP THE LIME OF INQUIRY.

Q IS YOUR INFORMATION ACCORDING TO MINORITY OR 

ACC O R D I N G  TO BLACK EMPLOYMENT?

A MY INFORMATION IS ON THE BASIS OF BLACKS AND 

SPANISH SURNAME INDIVIDUALS TOGETHER.

Q WHAT IS THAT FIGURE?

A ALL PERSONNEL OF THE ENTIRE HOUSTON CHEMICAL PLANT 

AT GOODYEAR, EIGHTEEN PER CENT OF THE PERSONNEL 

IS OF M I NORITY STATUS.

Q N O W , ARE ALL OF THE EMPLOYEES WHO WORK FOR G O O D 

YEAR RE P R E S E N T E D  BY LOCAL 3 kj IN THE B A R G AINING 

UNIT?

A OH, NO.

Q WHAT PERCENTAGE OF MINORITY EM P L OYMENT DO YOUR

FIGURES SHOW FOR THOSE EMPLOYEES WHO ARE R E P R E 

SENTED BY THE UNION?

A OF THE A P P R O X I M A T E LY  588 PEOPLE THAT WE EMPLOYED 

AS OF LAST MAY 25TH UNDER MY CONTRACT 2k.7 PER 

CENT WERE EITHER BLACK OR SPANISH SURNAME I N D I V I D U 

ALS .

Q MR. TEAGUE, I WOULD NOW DIRECT YOUR ATTENTION TO

*♦87

EVELYN 0VE1WECK
O F F I C I A L  COUR T R E R O R T R R

567/1



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48 8

THE SUMMER OF 1963 AND ASK IF YOU HAD OCCASION TO 

BE CALLED TO THE WHITE HOUSE?

A YES, SIR. !

Q WHAT WAS THE NATURE OF THAT CONFERENCE?

A THIS WAS WHEN PRESIDENT KENNEDY WAS HOLDING A

SERIES OF MEETINGS IN THE WHITE HOUSE WITH L E A D E R 

SHIP OF THE DIFFERENT PARTS OF OUR NATION. IN 

JUNE OF ’63 HE CALLED SOME 250 LABOR LEADERS FROM 

THE UNITED STATES TOGETHER AND SOUGHT OUR A S S I S T 

ANCE, OUR COMMITMENT, TO HELP RID NOT ONLY THE 

LABOR M OVEMENT BUT OUR COMMUNITIES FROM ANY SEM- 

BLENCE OF RACIAL DISCRIMINATION.

Q WHAT WAS THE RESULT OF THE CONFERENCE?

A AMONG OTHER THINGS, MR. WHEAT, I MADE A PERSONAL 

PLEDGE TO THE PRESIDENT OF THE UNITED STATES AND 

TO VICE P R E SIDENT JOHNSON THAT I WOULD CERTAINLY 

DO SO.

Q WAS THE GOAL OF THE CONFERENCE TO TAKE A F F I R M A 

TIVE ACTION OR MERELY TO AVOID D I S C R I M I N A T IO N
|

OR D I S C R I M I N A T O R Y  CONDUCT? WAS THERE ANY A F F I R M A 

TIVE ACTION PLANNED?/

A BOTH. THE PURPOSE OF THE PRESIDENT, AS DESCRIBED 

TO US, AND IF YOU CAN REMEMBER 1963 AND SOME OF 

THE TURMOIL THAT WAS ABOUT TO ARISE IN OUR

COUNTRY, THE UNDERCURRENTS, THE PURPOSE OF THE

EVELYN OYElil iECK
O F F IC IA L  COURT R E P O R T E R

568 A



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48 9

P R E S I D E N T  WAS NUMBER ONE TO DAMPEN THE SPIRITS 

OF REVOLT BY E L I M I N A T I N G  PROBLEMS FOR THAT R E 

VOLTS. NUM B E R  TWO, TO BRING ABOUT EQUAL T R E A T 

MENT OF ALL PEOPLE. SO IT WAS BOTH, REALLY.

Q UPON YOUR RETURN TO HOUSTON WHAT STEPS, IF ANY, 

DID YOU TAKE IN THE MANNER OF I M P L E M ENTATION OF 

THIS POLICY?

A I HAVE AT ALL TIMES FROM THAT DAY, BEFORE THAT

DAY, BUT PARTIC U L A R L Y  SINCE THAT PERSONAL C O M M I T 

MENT, MR. WHEAT, WHICH MY UNION WHICH I HEAD 

WITHIN THE METAL TRADES COUNCIL IN WHICH I 

PARTICIPATE, WITHIN THE OTHER TRADES COUNCILS 

OF UNIONS WHEREIN I PARTICIPATE AND AT TIMES HAVE 

BEEN AN OFFICER OF, WITHIN THE COMMUNITY AND 

COUNTY IN WHICH I LIVE ON ANY AND EVERY TIME 

AND INSTANCE AND O P P O R T U N I T Y  AT T E M P T E D  TO SEE 

TO IT THAT ANY RACIAL D I S C R I M I N A T I O N  THAT EXISTED 

FOR ANY REASON IN ANY AREA OR ANY ATMOSP H E R E  BE 

DISCONTINUED.

THIS IS THE BASIC PRINCIPLE ON MY PART, 

BUT PARTIC U L A R L Y  SINCE I MADE THE C O M M ITMENT TO 

THE PRESIDENT OF THE UNITED STATES IN 1963.

Q MR. TEAGUE, I AGAIN DIRECT YOUR A T T ENTION TO THE 

G O O D Y E A R  PLANT, AND I BELIEVE YOU HAVE BEEN IN

THE C O U R T R O O M  THROUG H O U T  THE PROCEEDINGS AND HAVE
E V E L Y N  O V E R H E C K
O F F I C I A L  COVUT RKP OR T R R

• ~ 5 G J > a



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HEARD C O N S I D E R A B L E  TESTIMONY RELATING TO THE 

LABOR C L A S S I F ICATION, WAS IT IN FACT TRUE THAT 

IN 1963 THAT THE LABOR DEPART M E N T  WAS COMPLETELY 

BLACK?

A I N ’ 6 3 ?

Q YES, SIR.

A I SUPPOSE IT STILL WAS AT THAT POINT.

Q ALL RIGHT. IN 1963 AND 1964 DID YOU TAKE ANY

A F F I R M A T I V E  ACTION ON BEHALF OF THE LABORERS IN 

THE LABOR D E P A R T M E N T  AT GOODYEAR?

A WELL, YES. WITH REGARD TO THE LABOR DEPARTMENT 

AS SUCH?

Q YES, SIR. THAT IS MY FIRST LINE OF INQUIRY.

BY THIS, MR. TEAGUE, I MEAN ACTION IN YOUR ROLE 

AS C O L L E C T I V E  BA R G A I N I N G  AGENT?

A IN, 1964 NEGOTIATIONS, CONTRACT NEGOTIATIONS, WE

MADE CERTAIN PROPOSALS WITH REGARD TO THE LABOR 

D E P A R T M E N T .

Q MR. TEAGUE, I SHOW YOU WHAT HAS BEEN MARKED FOR 

I D E N T I F I C A T IO N  AS U N I O N ’S EXHIBIT 4 AND ASK IF 

YOU CAN IDENTIFY IT?

A Y E S , SIR.

Q AND WHAT IS IT?

A IT IS A COPY OF LOCAL 3 4 7 ’S PROPOSAL TO GOODYEAR

TIRE AND RUBBER COMPANY FOR CHANGES OF CONTRACT

___________ 4 90

EYELYS OYER HECK
O F F IC IA L  COURT K R P O R TR R

-  ■ 5 7 0  A



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49 1

AT THE 1964 NEGOTIATIONS.

Q N O W , MR. TEAGUE, I WOULD LIKE TO DIRECT YOUR A T T E N 

TION TO THE PORTION OF THAT EXHIBIT THAT DEALS 

WITH YOUR EFFORT ON BEHALF OF THE LABOR C L A S S I F I 

CATION.

A P RINCIPALLY MATTERS UNDER WAGE RATES. WE WERE

AT T E M P T I N G  TO PROPOSE, PROVIDE AN EQUITY INCREASE 

FOR CERTAIN WORK AND PROPOSED UNDER WAGES. I'LL 

READ THE -- "PROVIDE THAT WHEN A LABORER IS R E 

QUIRED TO PERFORM WORK ON -- (READING) -- JACK 

HAMMERS, HE SHALL RECEIVE A P R E M I U M  OF TEN CENTS 

PER HOUR."

IN ADDITION UNDER SENIORITY WE INCLUDED 

AN ITEM, WHICH I SHALL READ, "FOR LABORERS P R O 

VIDE CERTAIN EX E R C I S I N G  OF SENIORITY FOR JOB 

P R E F E R E N C E ."

Q THIS MAY REQUIRE SOME EXPLANATION, MR. TEAGUE,

SO THAT WE CAN U N D E RSTAND WHAT YOU WERE TRYING 

TO OBTAIN FOR THE LABORERS. WHAT MATERIALS 

AND CONDITIONS OF THEIR SENIORITY PRIVILEGES AT 

THE TIME OF THESE CONTRACT NEO G I T A T  I ONS?

A WELL, AT THE TIME OF THE 1964 NEGOTI A T I O N S  THE 

LABORERS, OF COURSE, HAD DIVISI O N A L  SENIORITY 

BUT THERE WAS REALLY NO USE OF IT EXCEPT IN THE 

CASES OF A LAYOFF, NO U TILIZATION OF IT.

EVELYN OYEliHECK
O F F IC IA L  COURT R ECO RTF. It

571A

OTHER



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4 92

EMPLOYEES IN THE P L A N T , NOT ALL, BUT PRINCIPALLY
I

THOSE IN THE PRODUCTION, FOR INST AN C F , ARE ABLE
I

TO APPLY THEIR DIVISIONAL SENIORITY FOR CHANGE 

OF PREFERABLE JOB ASSIGNMENTS, SOME JOBS BEING 

BETTER THAN OTHERS, CLEANER THAN OTHERS, EASIER 

THAN OTHERS, SO FORTH.

AN EMPLOYEE WITHIN C L A S S I F I C A T IO N  AND 

P R O D UCTION COULD EXERCISE DIVISIONAL SENIORITY 

TO 03TAIN AN A S S I G N M E N T  TO THE P R E FERRED JOB 

DUTY. IT WAS THE CONTEN T I O N  OF THE UNION AND OF 

THE LABORERS IN 1964 THAT CERTAINLY THOSE WITHIN 

THE LABOR DE P A R T M E N T  SHOULD ENJOY THE SAME PRIVILE 

OF EXERCI S I N G  THEIR D I V I SIONAL SENIORITY AS TO 

W H E T H E R  THEY WOULD BE A JANITOR OR A W A R EHOUSE 

LABORER OR A YARDMAN, OR EVEN W H E T H E R  THEY WOULD 

BE A S SIGNED TO BE A JANITOR IN THE OFFICE BUILDING 

OR A W A R EHOUSE BUILDING OR THE FIRST AID STATION, 

OR WHERE, THE A S S I G N M E N T S  WITHIN A CLAS S I F I C A T IO N  

BY D I V I S I O N A L  SENIORITY THE SAME AS ENJOYED BY 

P R O D U C T I O N  EMPLOYEES.
I

IT WAS THE PURPOSE OF THIS PROPOSAL TO
I

OBTA I N  FOR THE LABORERS THAT RIGHT.

Q HOW S U C C ESSFUL WERE YOU WITH THE PROPOSAL?

A WE WERE COMPLETELY U N S U C C E S S F U L  IN 1964.

Q MR. TEAGUE, THIS MIGHT BE AS GOOD TIME AS ANY

~  E V E E Y S  O V E R  H E C K
O FF I C I A L  COUR T KEFOHTF.R

5712 A



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4 9 3

TO ASK YOU WHAT A UNION FACES AND WHAT C I R C U M 

STANCES IT FINDS ITSELF IN WHEN IT PROPOSES 

S O M E T H I N G  IN CONTRACT N E G OTIATIONS AND MEETS 

WITH COMPANY RESISTANCE?

A ONCE A PARTY HAS MADE A PROPOSAL AND HAS USED ALL 

OF ITS MEANS TO VERBALLY AND ORALLY PERSUADE THE 

OTHERS TO AGREE, TRIED TO SEEK OUT ANY W O RKABLE 

COMPRO M I S E S  THAT BOTH PARTIES MIGHT AGREE, AND 

IF THAT CANNOT BE A C C O M P L I S H E D  THE UNION EITHER 

HAS TO GIVE UP ON ITS PROPOSAL OR MAKE UP ITS 

MIND TO CEASE WORK AND STRIKE THE PLANT FOR 

W H A T E V E R  TIME IT TAKES TO OBTAIN COMPANY S U B M I S 

SION TO THAT DEMAND.

TO STRIKE A PLANT IS THE ONLY REAL 

A L T E R N A T I V E  THE UNION HAS. WE CAN'T ARBITRATE 

A CONTRACT DISPUTE AS TO WH A T , W I L L  GO IN OR OUT 

OF THE CONTRACT. STRIKES ARE ONLY THE FINAL 

MEANS OF RESOLVING THE DISPUTES.

Q IN THE TYPICAL C O NTRACT NEGOT I A T I O N S  AT GOODYEAR,

FOR EXAMPLE, A P P R O X I M A T E LY  HOW MANY ISSUES MIGHT 

BE INVOLVED IN CONTRACT N E G O T I A T I O N S  FOR A 

T R I - A N N U A L  CONTRACT?

A IF MY MEMORY SERVES ME CORRECTLY THE LAST ONE,

1970, THERE WAS A P P R O X I M A T E LY  100 UNION PROPOSALS.

Q IS IT THE R E S P O N S I B I L IT Y  OF THE LEADERSHIP OF THE

~  E V  E l  A S  0\'Eli H E C K
O F F I C I A L  COURT R E  ROUT HR

- - 5 7 J 4



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UNION TO MAKE SOME EFFORT TO DETERMINE WHI C H ; O F
I

THOSE ARE IMPORTANT ENOUGH TO BE DEEMED ISSUES 

WORTH STRIKING OVER, AND IF SO, TO WHAT EXTENT 

DOES THE MEMBER S H I P  OF THE UNION HAVE VOICE IN 

THIS?

A WELL, THE N E G O T I A T I N G  COMMITTEE SOMEWHERE HAS TO 

DETERMINE WHERE TO EXPEND ITS EFFORTS IN N E G O T I A 

TIONS, WHAT ITEM IS OF THE TYPE THAT WE HAVE 

ANY CHANCE TO EVENTUALLY OBTAIN A G R EEMENT OR EVEN 

PARTIAL AGREEMENT, WHE T H E R  IT IS SOMETHING THAT 

OUR M E M B E R S H I P  WOULD FEEL SO GREATLY ABOUT THAT 

WE C O U L D N ’T OBTAIN RATIFI C A T I O N  UNLESS WE O B 

TAINED SOMETHING ON THAT PARTICULAR PROPOSAL OR 

IT IS AN ITEM THAT WE ARE EITHER GOING TO HAVE OR 

WE ARE GOING TO STRIKE THE PLANT TO DO.

THE COMMITTEE HAS TO E V E N TUALLY TAKE 

THE SHEETS AWAY AND FACE THE PROBLEM OF SETTING 

PRIORITIES AS TO WHAT IS THE MOST IMPORTANT, W H E 

THER THE PEOPLE HAVE TO FORM A NEW CONTRACT. SO
I

THAT COMMITTEE HE MAKES THOSE DECISIONS AS TO WHAT 

IT WILL RECOMMEND, WHAT IT WILL DO IN THE CONDUCT 

OF THE NEGOTIATIONS.

EVENTUALLY AND HOPEFULLY THERE IS A 

TENTATIVE A G R EEMENT BETWEEN THE COMPANY COMMITTEE,

THE A G R EEMENT COMMITTEE CAN BE REACHED, AND THEN

E V E L Y X  O Y E R H E C K
OFF I CI AL  COURT R E P O R TE R

: 571*

___________________________________________ _____________________________;___________4



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IT IS SU B M I T T E D  TO THE RANK AND FILE MEMBERSHIP 

FOR A SECRET BALLOT VOTE AND WHETHER THEY WISH 

TO APPROVE THAT TE N T A T I V E  A G R EEMENT OR WHETHER 

THEY WISH TO REJECT IT AND PROCEED TO STRIKE.

IN OUR LOCAL WE MAKE THE CHOICE OF JUST 

THAT, EITHER ACCEPT OR STRIKE OR OTHERWISE THEY 

MIGHT SEND US BACK 100 TIMES.

Q IF THE M E M B E R S H I P  VOTES TO STRIKE OR NOT TO STRIKE

IS THAT THEIR P R E R O G A T I V E  OR CAN IT BE OVERRULED 

BY THE EXECUTIVE BOARD OR YOURSELF?

A AS FAR AS I KNOW IT CAN'T BE DONE LEGALLY, PERIOD,

BUT IT CERTAINLY C A N ’T BE DONE WITHIN OUR I N T E R 

N A T I O N A L  UNION. THE MEMBER S H I P  HAS THE FINAL 

SAY .

THE COURT: MR. WHEAT, I ’M

GOING TO INTERRUPT YOU AT THIS POINT.

WE WILL TAKE OUR F I F T E E N - M I N U T E  RECESS.

4 9 5

(SHORT RECESS.)

THE COURT: MR. WHEAT.

Q (MR. WHEAT) I SHOW YOU, MR. TEAGUE, WHAT HAS BEEN

MARKED FOR I D E N T I FICATION AS U N I O N ’S EXHIBIT 3 

AND ASK YOU IF YOU CAN IDENTIFY IT.

A YES, SIR. THAT IS MY PROPOSAL TO GOODYEAR.

WITHIN THOSE PROPOSALS ARE THERE ANY R E LEVANT TO

E V E L Y N  O V E N H E C K ~
OFFICIAL COCIIT HKCOKTKR

: 5 715 A

Q



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*f 9 6

THE S E N I O R I T Y  OF LABORERS?

A THERE IS ONE ITEM THAT S P ECIFICALLY APPLIES TO 

J A N I T O R S  WITHIN THE LABOR DEPART M E N T  WHICH ON 

PAGE 5 OF THE PROPOSAL, AND I WILL READ, PROVIDES 

THAT A JANITOR WILL BE ASSIGNED PERMAN E N T L Y  IN 

EACH OF THE FOLLOWING AREAS: "A-l, A-4, LAB, A-2,

A - 5, A - 3 , B i ►—» 0 1 1, D- 1, NOT TO INCLUDE THE WARE-

HOUSE, B - 2 , C-2, D-2, NOT TO INCLUDE THE WARE-

HOUSE, B - 3, 0 1 V/J % D-3, NOT TO INCLUDE THE WARE-

HOUSE, M A I N T E N A N C E  BUILDING 2 OF THEM -- SHIPPING

W A R E H O U S E  AREAS AND LOCKER ROOM AND OFFICE B U I L D 

ING."

Q WERE THESE PROPOSALS DESIGNED PRIMARILY FOR THE 

BENEFIT OF THE LABOR CLASSIF I C A T IO N ?

A THIS WAS TO BRING ABOUT A DEFINITE A S S I GNMENT OF 

LABORERS TO A S P ECIFIC AREA OR BUILDINGS WITHIN 

THE PLANT FROM WHICH WE HOPED THAT LABORERS COULD 

BE A S S I G N E D  BY SENIORITY.

THERE IS ANOTHER PROPOSAL IN HERE THAT 

TIES W ITH THAT, WHICH I D O N ’T SEE AT THE MOMENT, 

BUT WAS TO PROVIDE IN ANY GROUP THE JOB A S S I G N 

MENTS WOULD BE BY SENIORITY.

Q ALL RIGHT. HOW S U C C E S S F U L  WERE THESE PROPOSALS,

MR. TEAGUE?

A WITH REGARD TO LABORERS JOB ASSIGNMENTS WITHIN

E V E L Y N  O V E E  H E C K
OFFICIAL COURT RKFORTKR

- -  5 7 1 ) A



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4 9 7

THE LABOR DE P A R T M E N T  I SEEM TO R E MEMBER THAT 

THERE WAS SOME BID OF A C C O M M O D A T I ON  MADE. I 

DON'T R EMEMBER AT THE MOMENT JUST WHAT IT WAS,

MR. WHEAT. IT WAS NOT SATISFACTORY TO THE L A B O R 

ERS, BUT THERE WAS SOME SLIGHT M O VEMENT THROUGH 

U N D E R S T A N D I NG S  BETWEEN THE PARTIES AS TO HOW 

THE A S S I G N M E N T S  WOULD BE MADE.

Q ALL RIGHT. NOW, MR. TEAGUE, THERE ARE RAISES THAT 

ARE G E N ERALLY KNOWN AS A C R O S S - T H E - B O A R D  WAGE 

INCREASES, AND THERE ARE THOSE THAT ARE BASED 

UPON PERCENTAGE.

A YES , SIR.

Q WOULD IT BE TRUE THAT WHERE A UNION SOUGHT WAGE

INCREASES IN TERMS OF A PERCENTAGE CF THE EXISTING 

WAGE RATE THAT THE VARIOUS C L A S S I F I C A T IO N S  WOULD 

REMAIN IN THE SAME R E L A T I O N S H I P  TO EACH OTHER 

IN TERMS OF THEIR INCOME.

A ON PERCENTAGE?

Q Y E S , SIR.

A WELL, THEY WOULD REMAIN RELATIVE. HOWEVER, THE

AMOUNT OF INCREASE THAT SAY THE TOP PAID GUY 

WOULD GET AND THE AMOUNT OF INCREASE THE BOTTOM 

GUY WOULD GET COULD VARY C O NSIDERABLY SEVERAL 

CENTS AN HOUR JUST FOR ONE WAGE INCREASE.

Q OF COURSE FROM CONTRACT N E G OTIATIONS THE UNION

EVELYN OVERHECK
OFFICIAL COIIIIT RF.FOHTKR

5 7 7 0 .



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49 8
_________________ l_____________

SOUGHT WAGE INCREASES FOR ALL CLASSIFICATIONS.

A FOR EACH AND EVERY OPPORTUNITY.

Q DID THE UNION IN ANY OF THESE CONTRACT N E G O T I A 

TIONS SEEK A HIGHER INCREASE, A GREATER INCREASE, 

FOR LABORERS THAN IT DID FOR SOME OTHER CLASSI- 

FI CAT I ON?

A THERE WERE TIMES, MR. WHEAT, THAT WE PROPOSED

WHAT WE REFER TO AS UNEQUITY INCREASE, THAT IS,

A SPECIAL INCREASE FOR A GIVEN GROUP, THAT IS,

IN A DDITION TO THE GEN E R A L  INCREASE THAT WAS P R O 

POSED. WE REFER TO THAT AS UNEQUITIES.

Q CAN YOU IDENTIFY A CONTRACT N E G O T I A T I O N  PERIOD

WHE R E I N  YOU SOUGHT ONE OF THESE WAGE INCREASES?

A WELL, LET ME LOOK AT THIS ONE.

YES, SIR; IN THIS PARTICULAR NE G O T I A T I O N  

OF '67 THE UNION PROPOSED THAT THERE BE PAID AN 

A D D I T I O N A L  -- IT HAS BEEN MARKED THROUGH, BUT 

IT READS LIKE THE ORIGINAL WAS A D D I T I O N A L  32 CENTS 

PER HOUR BE PAID TO EMPLOYEES PE R F O R M I N G  HIGH
I

PRESSURE GUN WORK, DUMPING CARBON BLACK, CEMENT

WORK AND JACK HAM M E R  WORK. THIS WOULD HAVE BEEN
I

A SPECIAL PREMIUM, SPECIAL INCREASE FOR THAT TYPE 

OF EMPLOYEE.

BACK IN THE PREVIOUS NEGOT I A T I O N S  OF

•64 WE HAD AN EQUITY PROPOSAL THERE PROVIDED WHEN

E Y E L Y X  O Y E E K E C K
OFFICIAL C O n t T  UKFOUTKR

—  5 78A



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A 9 9

A LABORER IS PROVIDED -- THAT HE V/ AS, THAT Hfc
|

SHALL RECEIVE A P REMIUM O F T E N  CENTS PER HOUR.
I

THIS WAS TO BE ADDITIONAL. THEY ALSO PROVIDE ALL 

T ECHNICIANS IN THE LABORATORY SHALL BE CLASSIFIED 

AS FIRST CLASS TECHNICIANS AND AN AP P R O P R I A T E  RATE 

OF PAY SHOULD BE PAID. THAT WOULD HAVE ELIMINATED 

THE SECOND CLASS TECHNICIAN, MAKING THEM ALL FIRST 

CLASS, AND WE WERE ALSO TRYING TO GET ALL OF THEM 

PAID EQUALLY TO THE TOP PAID C L A S S I F I C A T IO N  OF 

THE PLANT. THOSE WERE UNEQUITIES.

Q ALL RIGHT. MR. TEAGUE, WHEN WAS YOUR FIRST KNOWLE 

OF CHARGES HAVING BEEN FILED BY MR. JOHNSON WITH 

THE EQUAL EMPLOY M E N T  O P P O R T U N I T Y  COMMISSION?

A I REC E I V E D  NOTICE, COPY OF THE CHARGE, I SUPPOSE,

SOMETIME IN 1967.

Q DO YOU RECALL W H E T H E R  OR NOT YOU RECEIVED NOTIFICAT 

THAT THE CHARGE HAD BEEN FILED BEFORE OR AFTER 

THE 1967 CONTRACT NEGOT I A T I O N S?

A WE DIDN'T KNOW A N YTHING ABOUT IT AT THE TIME WE
I

WERE N E G O T I A T I N G  IN '67.

Q ALL RIGHT. DID YOU SUBSEQUENT TO THE 1967 N E G O 

TIATIONS THEN RECEIVE A DECISION BY THE EQUAL 

E M P L OYMENT O P P O R T U N I T Y  COMMISSION?

A YES, SIR. I THINK IT WAS SOMETIME IN '68. I'M 

NOT SURE.

E V E L Y N  O Y  E l U i E C K
O F F I C I A L  COUNT REFOUTKR

57!) A



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___________________________  '________ 5JLQ____

Q WHAT DID THAT D ECISION DISCLOSE WITH RESPECT;TO 

THE D E F ENDANT UNION?

A WELL, P RINCIPALLY WITH REGARD TO THE UNION THE 

COMMISSION FOUND INSUFFICIENT EVIDENCE.

MRS. MC DONALD: OBJECTION,

YOUR HONOR. I WOULD LIKE TO HAVE THAT 

T E S TIMONY STRICKEN. I THINK THE COURT 

HAS RULED THAT THE DECISION ITSELF IS 

NOT A D M I SSIBLE BECAUSE IT IS NOT R E L E 

VANT. THEREFORE, ANY TESTIMONY C O N C E R N 

ING THE CONTENTS —

MR. WHEAT: YOUR HONOR, P O S 

SIBLY I SHOULD HAVE A N T I C I P A T E D  THE 

OBJECTION.

THE COURT: I THINK YOU MIGHT

HAVE. I DID EXCLUDE THE DOCUMENT.

MR. WHEAT: YOUR HONOR, I

OFFER THIS NOT FOR THE PURPOSE OF THE 

VALIDITY OF THE FINDINGS OF THE EQUAL
I

EMPLOY M E N T  OPPORT U N I T Y  COMMISSION, BUT 

ONLY TO SHOW WHAT WAS IN THE KNOWLEDGE 

OF MR. TEAGUE AT THE TIME HE WAS A D 

M I N I S T E R I N G  THE COLLECTIVE BA R G A I N I N G  

CONTRACTS. TO A GREAT EXTENT THE UNION

IN THE CASE IS CHARGED W I TH NONFEA S A N C E
~ —  E V E L Y X  O V E R H E C K ~

O F F I C I A L  COI ' I tT R E P O R T E R

5 8 0  A



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5 0 1

OR FAILURE TO TAKE ACTION. MR. TEAGUE'S
I

AWARENESS OF THE OPINIONS OF THE ECjUAL 

EMPLOYMENT OPPORTUNITY COMMISSION I 

WOULD SUBMIT TO THE COURT HAVE SOME 

RELEVANCE TO THAT ISSUE.

I DON'T ARGUE THAT THE F I N D 

INGS OF THE EQUAL EMPLOYMENT OPPORT U N I T Y  

COMMISSION HAVE ANY INFLUENCE AT ALL 

OVER THESE PROCEEDINGS. I ONLY OFFER 

IT TO SHOW WHAT WAS IN MR. T E A G U E ’S 

MIND AT THE TIME.

THE COURT: BUT IN THE ANSWER

TO THE Q U ESTION THAT YOU ARE ASKING ARE 

YOU ASKING MR. TEAGUE TO RESPOND AS TO 

WHAT THESE FINDINGS WERE?

MR. TEAGUE: NO, SIR. I AM

ONLY ASKING HIM TO RESPOND AS TO W H E 

THER THE EQUAL EMPLOY M E N T  O PPORTUNITY 

CO M M I S S I O N  TO HIS KNOWLEDGE HAS FOUND 

D I S C R I M I N A T I O N  OR D I S C R I M I N A T O R Y  PRAC-
f

TICES OR NOT?

THE COURT: ALL RIGHT. I

WILL PERMIT YOUR LINE OF INQUIRY.

MR. BURCH: I AM NOT SURE NOW

W H E T H E R  MR. WHEAT IS GOING TO ASK HIM 

E V E L  V S  ( > V H R  H E C K
OF F I C I A L  COURT R E P O R TE R

. 58 iA



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5 0 2

WHAT WAS FOUND AS TO THE COMPANY. HIS 

INITIAL Q U ESTION WAS AS TO THE UNION.

THE COURT: I DON'T KNOW WHAT

THIS DOCUMENT LOOKS LIKE. I DON'T CARE 

TO SEE IT. I D O N ’T WANT ANY REFERENCE 

TO THE FINDINGS OF THE COMMISSION. I 

FEEL THAT THAT IS NOT THE FUNCTION OF 

THIS COURT TO LOOK AT THE FINDINGS OF 

THE C O M M ISSION AND I HAVE SO HELD IN 

THE INTRODUCTION OF THE DOCUMENT.

N O W , IF YOUR LINE OF INQUIRY 

GOES TO MATTERS CONTAINED IN THE F I N D 

INGS I WANT TO RESTRICT YOU. CAN YOU 

ELABORATE FURTHER AS TO WHAT YOU ARE

ATTEMP T I N G  TO PROVE.

MR. WHEAT: PERHAPS I MIGHT

REPHRASE THE QUESTION SOME.

Q DURING THE 1967 CONTRACT NEGOTIATIONS, MR. TEAGUE,

DID YOU HAVE ANY REASON TO BELIEVE THAT THE COMPANY

WAS ENG A G I N G  IN ANY I N D I SCRIMINATORY PRACTICE?

THE COURT: ALL RIGHT.

Q YOU MAY ANSWER.

A NO.

Q MR. TEAGUE, I NOW SHOW YOU WHAT HAS BEEN MARKED

AS I DENTIFICATION UNION'S EXHIBIT 2, AND ASK YOU

E V E L Y N  O Y E R H E C K  

official coiiht hkfoutkii
5s:2/t



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5 0 3

IF YOU CAN IDENTIFY IT FOR THE COURT?

A YES, SIR. THIS R E P R E S E N T E D  THE SECOND PROPOSAL 

OF MY LOCAL UNION FOR CHANGES IN CONTRACT AND 

SOME OF THE AMENDED PROPOSALS MADE DURING THE 

COURSE OF THE N E G OTIATIONS BY THE UNION.

Q NOW, MR. TEAGUE, I WILL ONLY DIRECT YOUR ATTENTION

TO THE PORTION OF THE PROPOSAL THAT DEALS WITH 

THE EXERCISE OF PLANT SENIORITY BY LABORERS.

WHAT DID THE UNION SEEK?

A THE EXERCISE OF SENIORITY?

Q Y E S , SIR.

A WELL, WE HAD TWO PROPOSALS NOW, ONE ON THE I N T E N 

TION OF SENIORITY WHERE A PERSON TRANSFERRED, AND 

ANOTHER, THE EXERCISE OF SENIORITY TO TRANSFER. 

THERE'S TWO PROPOSALS THERE.

Q YES, SIR. I WOULD LIKE FOR YOU TO DESCRIBE BOTH 

OF THEM FOR US, WHAT THE UNION WAS SEEKING.

A IN ONE CASE THE UNION O R I G INALLY PROPOSED TO

PROVIDE THAT WHEN A VACANCY EXISTS IN ANY DE-
I

PARTMENT OR GROUP UNDER LOCAL 3 7  CONTRACT AND 

SUCH VACANCY IS TO BE FILLED FROM OUTSIDE THE 

GROUP OR BY HIRING OF AN EMPLOYEE THAT EMPLOYEES 

UNDER THE CONTRACT WILL BE NOT I F I E D  OF THE VACANCY 

AND SHALL IF THEY DESIRE THE JOB BE GIVEN PREFEREN

OVER NEW HIRES. THE UNION WOULD PROPOSE TO ____
E V E L Y N  O V E  li H E C K
OFFICIAL ('til'll i’ ItF.l’nl’.TKR
- 58 3 A



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I
PROVIDE THAT AT NO TIME A NEW HIRE BE EMPLOYED

i
FOR A JOB BEING HIGHER THAN LABORER IF THERE

I
BE A Q U A LIFIED LABORER WHO DESIRES A HIGHER 

PAYING JOB.

THAT PROPOSAL, MR. WHEAT, WAS LATER 

AME N D E D  ON TWO D I F FERENT DATES. THE FINAL A M E N D 

MENT BY THE UNION READING, nANY EMPLOYEES UNDER 

THIS A G R E E M E N T  MAY INDICATE HIS DESIRE TO TRANSFER 

TO A N O T H E R  DI V I S I O N A L  SENIORITY GROUP BY MAKING A 

COPY OF THE A P P L I C A T I O N  WHICH WILL BE INITIALED 

AND RET U R N E D  TO THE EMPLOYEE. AN EMPLOYEE MAY 

W I T H D R A W  AN A P P L I C A T I O N  AT ANY TIME PROVIDED THE 

TRANSFER TO THE APPLIED JOB HAS NOT BEEN OFFERED 

SAID EMPLOYEE. WHEN A VACANCY OCCURS AN EMPLOYEE 

WHO HAS FILED TRANSFER REQUEST WILL BE TRANSFERRED 

IN THE ORDER OF HIS PLANT SENIORITY. IF THE 

EMPLOYER DETERMINES SAID EMPLOYEE IS Q U A L I F I E D  TO 

FILL SUCH A VACANCY -- (READING) -- IF THE E M 

PLOYER DETERMINES THAT THE EMPLOYEE IS NOT Q U A L I -
|

FIED. THE EMPLOYEE MAY FILE A GR I E V A N C E  -- ( R E A D 

ING) AT STEP 5 OF THE GRIEVANCE PROCEDURE WHICH 

MAY BE S U B MITTED TO ARBITRATION. THE RESPONSIBILI 

OF THE A R B I T R A T I O N  BOARD SHALL BE TO DETERMINE 

WHETHER THE EMPLOYEE INVOLVED MEETS THE Q U A L I F I C A 

TION REQUIR E M E N T S  AS SET BY THE EMPLOYER.

5 0 « +

EVELYX OYER HECK
O F F IC IA L  COURT RKFOirnCH

5 8 M

THE



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5 05

A R B I T R A T I O N  BOARD SHALL NOT HAVE THE RIGHT TO 

S U B S T I T U T E  OR MODIFY Q U A L I F I C A T I O N  R E QUIREMENTS 

SET BY THE EMPLOYER SO LONG AS SAID REQUIREMENTS 

ARE A D M I N I S T E R E D  IN A C O N S ISTENT MANNER AND NOT 

D I S C R I M I N A T O R Y  IN V I O LATION OF LAW. NOTHING SHALL 

INTERFERE WITH THE FILLING OF THE VACANCY WITH 

A N O T H E R  EMPLOYEE OR WITH A NEW HIRE PENDING S E T 

TLEMENT OF A GRIEVANCE AS PROVIDED HEREIN."

THEN WITH REGARD TO SENIORITY COMPUTATIONS, ON 

PAGE 12 OF THE P ROPOSAL IDENTIFIED AS AN ITEM 

N4, THE UNION PROPOSED, AND I WILL READ, "IN 

ORDER TO ASSURE M I NORITY EMPLOYEES THAT THEY ARE 

NOT J E O P A R D I Z I N G  JOB SENIORITY IN ORDER TO A C 

CEPT TRANSFERS TO BETTER PAYING JOB ACROSS 

S E N IORITY LINES AND GROUPS OR CRAFTS LOCAL 347 

WILL PROPOSE C O VERING ALL EMPLOYEES OF OUR C O N 

TRACT, INCLUDING LABORERS, THAT WHEN AN EMPLOYEE 

IS T R A N S F E R R E D  TO A JOB WITHIN OUR CONTRACT 

ACROSS SENIORITY LINES THAT HE SHALL RETAIN HIS 

S E N IORITY IN HIS OLD GROUP OR CRAFT AND MAY ONLY 

AT THE TIME HE IS FACED BY LAW -- (READING) -- 

T R A N S F E R R E D  TO UTILIZE SUCH SENIORITY IN AN OLD 

GROUP WHERE HE IS SENIOR TO A PERSON THEN EMPLOYED 

IN THAT GROUP. AN EMPLOYEE WOULD NOT ACCUMULATE

SENIORITY AFTER THE TRANSFER, RATHER HE WOULD

EVELYN OYERKECK
O F F IC IA L  COURT R E P O R T E R

5 8 l ) H



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5 0 6

RETAIN THAT AMOUNT HE HAD AT THE TIME OF THE 

TRANSFER. THERE WOULD BE NO TIME LIMIT AT WHICH 

SENIORITY IN HIS OLD GROUP WOULD BE REMOVED FROM 

HIS CREDIT."

THESE TWO ITEMS HAD TO DO WITH TRANSFER 

AND RETENTION OF SENIORITIES AFTER TRANSFER.

THERE WAS ANOTHER PROPOSAL AGAIN D E A L 

ING WITH THE E X E R CISING OF SENIORITY WITH I N  THE 

LABOR C L A S S I F I C A T IO N  FOR JOB PREFERENCE WITHIN 

THAT CLASSIFICATION.

Q BRIEFLY, WHAT WAS SOUGHT IN THAT PROPOSAL?

A ABOUT THE SAME THING WE HAVE BEEN ARGUING ABOUT 

IN THE TWO PREVIOUS NEGOTIATIONS, AND THAT WAS 

TO GIVE TO THE LABORERS SAME C OMPARATIVE RIGHTS 

OF JOB PREFERENCE AS ENJOYED BY EMPLOYEES IN OTHER 

DEPARTMENTS OF THE PLANT.

Q TO WHAT EXTENT WERE THESE PROPOSALS AC C E P T E D  OR 

AGR E E D  TO BY THE EMPLOYER?

A WELL, AFTER CONSID E R A B L E  DISCUSSIONS AND PROBLEMS 

WERE RESOLVED WE DID IN EFFECT AGREE, THE COMPANY 

AND THE UNION AGREED TO WHAT I ALWAYS DESCRIBE AS 

A PROCEDURE OF TRANSFER BY SENIORITY FROM ONE 

GROUP TO ANOTHER GROUP UNDER OUR CONTRACT, AND 

THAT AGREEMENT, MR. WHEAT,, IS IN THE PRESENT

A G R E E M E N T  ON PAGE 31.

EVELYN OVEUliECK
O F F IC IA L  COURT HF.FOHTF.H

- 58(JA



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507

PARAGRAPH M ON THE MATTER OF -- WELL,

PAGE 31, PARAGRAPH M IS THE JOB BID PROCEDURE.

PAGE 2 8 K IS THE JOB PREFERENCE PROVISION WITHIN 

THE LABOR C L A SSIFICATION, AND PARAGRAPH 8 ON PAGE 

21 IS THE A C C O M M O D A T I O N  OF SENIORITY TO REMOVE 

FEAR OF LAYOFF ON TRANSFER AND RETENTION OF 

SENIORITY PROVISION.

MR. WHEAT: YOUR HONOR, THE

DEFENDANT UNION MOVES FOR INTRODUCTION 

OF UNION EXHIBITS 2, 3 AND 4.

THE COURT: ALL RIGHT. IS

THERE ANY OBJECTION?

MRS. MC DONALD: NO OBJECTION.

MR. BURCH: NO OBJECTION.

THE COURT: D E F ENDANT UNION

EXHIBITS 2, 3 AND 4 ARE ADMITTED.

 ̂ NOW, MR. TEAGUE, I WOULD LIKE TO INVITE YOUR A T T E N 

TION TO THE TESTING AND E D U C A TIONAL REQUIREMENTS 

THAT HAVE BEEN D I S CUSSED AT VARIOUS TIMES IN THIS
I

SUIT. WHEN WAS YOUR FIRST K N O WLEDGE OF THE 

COMPANY'S INSTITUTION OF TESTING AND E DUCATIONAL 

REQUIREMENTS, AND EXPLAIN HOW YOU A C QUIRED THAT 

KNOWLEDGE?

A THAT THEY HAD SUCH A REQUIREMENT?

Q Y E S , SIR.

' EVELYN OVERHECK
O F F I C I A L  COVHT HF.rOUTKK

• 5  b’7  A



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5 0 8

A I DON'T REALLY REMEMBER WHEN I FIRST BECAME

AWARE. IT WOULD HAVE BEEN I W O ULD SAY SOMETIME 

IN THE EARLY 60 'S. IT WOULD HAVE TO BE FROM 

D I S C USSION WITH THE MEMBERSHIP. I REALLY DON'T 

HAVE ANY DATE OR POINT OF TIME AS TO WHEN I 

LEARNED IT OR HOW I LEARNED IT, MR. WHEAT. I 

WAS AWARE THAT THERE WERE SOME REQUIREMENTS, YES.

Q WERE TESTING AND EDUCAT I O N A L  R E Q UIREMENTS SOUGHT 

BY EITHER THE COMPANY OR THE UNION IN COLLECTIVE 

B A R G A I N I N G  N E G O T I A T I O N S?

A TO MY KNOWLEDGE G O ODYEAR HAD A REQUIR E M E N T  WITH

REGARD TO E D U C A T I O N A L  TESTING WHEN I CAME TO THIS 

AREA IN 1958. AT LEAST, I WAS TOLD THEY HAD.

THIS EXISTED AT ALL TIMES UP UNTIL THE COMPANY 

SU S P E N D E D  THOSE REQUIREMENTS IN THE SPRING OF THIS 

YEAR, NEVER BEEN SUBJECT TO BARGAI N I N G  AS SUCH 

UNTIL THE 1970 NEGOTIATIONS.

Q DURING THE COURSE OF THE 1964 CONTRACT NEGOTIATIONS

DID YOU HAVE ANY INFORMATION AT YOUR D I SPOSAL THAT
|

WOULD INDICATE TO YOU THAT THERE WAS ANYTHING 

D I S C R I M I N A T OR Y  OR ILLEGAL ABOUT TESTING AND E D U 

CAT I O N A L  REQUIREMENTS?

A NO, SIR; NO INKLING WHATSOEVER.

Q DURING THE 1967 C ONTRACT NEGOTI A T I O N S  DID YOU HAVE

ANY SUCH INFORMATION AT YOUR DISPOSAL?

EVELYN OVERHECK
O F F I C I A L  C O V R T  R E P O R T E R

— 588/1



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A

NOT DURING THESE NEGOTIATIONS. OUR FIRST A W A R E 

NESS THAT THERE MIGHT BE A QUESTION CAME FROM
I|

E. E. O.C. LATER.

MR. TEAGUE, YOU ARE FAMILIAR WITH THE SUPREME 

COURT DECISION IN GRIGGS V. DUKE POWER COMPANY,

ARE YOU NOT?

YOU HAVE CALLED IT TO MY ATTENTION AND I HAVE 

TRIED TO PEAD IT AS A LAYMAN.

DO YOU RECALL THAT THAT DECISION WAS ISSUED BY 

THE UNITED STATES COURT OF APPEALS FOR THE FOURTH 

CIRCUIT PRIOR TO THE TIME THAT THE SUPREME COURT 

RULED ON IT IN MARCH OF THIS YEAR?

FRANKLY, MR. WHEAT, I NEVER HEARD OF THE CASE 

UNTIL AFTER THE SUPREME COURT HAD ACTED AND THEIR 

DECISION WAS DISTRIBUTED.

PRIOR TO THAT TIME, MR. TEAGUE, DID YOU HAVE ANY 

REASON OR CAUSE TO BELIEVE THAT TES T I N G  AND E D U C A 

TIONAL R E QUIREMENTS WERE D I S C R I M I N A T O R Y  OR ILLEGAL? 

THE EQUAL E M P L O Y M E N T  O P P O R T U N I T Y  C O M M ISSION TOLD 

US THAT THEY DIDN'T BELIEVE THAT THE TESTING AND 

E D U C A T I O N A L  REQUIR E M E N T S  AT GOODYEAR WERE LEGAL.

AT THAT POINT SOMEBODY DIDN'T THINK IT WAS LEGAL.

MR. BURCH: OBJECTION, YOUR

H O N O R .

THE COURT: YES, I WILL STRIKE
EVELY A" OYER HECK
OF F I C I A L  COURT RF.VOKTF.R

o  c5 8 : m



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51 0

THE ANSWER.

Q MR. TEAGUE, HAVE YOU EVER QUESTI O N E D  THE COMPANY 

IN ANY WAY CONCERNING THE LEGALITY OF TESTING 

AND E D U C A T I O N A L  REQUIREMENTS?

A YES, SIR.

Q I SHOW YOU WHAT HAS BEEN MARKED FOR IDENTIFICATION

AS UNION EXHIBIT 1 AND ASK YOU IF YOU CAN IDENTIFY 

IT?

A YES, SIR. THIS WAS A LETTER FROM MR.TO MR. VAN 

OSDALL TO ALL OF THE COMPANY, DATED OCTOBER 22,

1970 .

Q WHAT WAS YOUR PURPOSE IN WRITING THE LETTER TO 

MR. VAN OSDALL?

A WELL, MR. WHEAT, THE COMPANY AND THE UNION HAD 

AGREED IN 1970 CONTRACT THAT REQUIREMENTS FOR 

TRA N S F E R  WOULD NOT BE D I S CRIMINATORY, AND I MME

DIATELY AFTER THAT CONTRACT WAS SIGNED IN NO TIME 

FLAT THE QUESTION STARTED RISING FROM SOME OF

THE LABORERS AS TO WHE T H E R  THE C O M P A N Y ’S REQUIRE-
|

MENTS WERE IN FACT A VIOLATION OF THE NEW CONTRACT,
• I

AND THE PURPOSE OF THIS LETTER WAS TO SEEK SPECIFIC 

INFORMATION AND HO P E F U L L Y  A S S URANCE THAT THE 

R E Q U I R E M E N T S  ON E D U C A T I O N A L  TESTING AS BEING APPLIE 

FROM G O O D Y E A R  WAS ILLEGAL IN C O N F O R M A N C E  WITH THE

NEW C O NTRACT WE HAD JUST NEGOTIATED.

~~ E V E L Y N  O V E R H E C K
O F F IC IA L  COURT RF.FORTEU

5 ,90/2



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5 1 1

MR. WHEAT: YOUR HONOR, THE

UNION MOVES FOR THE INTRODUCTION OF 

UNION EXHIBIT 1.

THE COURT: ALL RIGHT. ANY

OBJECTION?

MRS. MC DONALD: NO OBJECTION.

THE COURT; IT IS ADMITTED.

MR. BURCH: YOUR HONOR, IF I

MIGHT COMMENT, THIS LETTER REFERS TO 

THE D E CISION OF THE E.E.O.C. THAT HAS 

BEEN M E N T I O N E D  BEFORE, AND WHILE MR. 

WHEAT'S PROBLEMS ARE THEIR OWN IT IS 

APP A R E N T  THAT UNDER THE A LLEGATIONS OF 

THIS CASE HE IS ENTITLED TO PUT IN THIS 

KIND OF LETTER BECAUSE IT IS A LETTER 

TO THE COMPANY C O N C ERNING THE HIGH 

SCHOOL AND TESTING SUBJECTS. IT DOES 

MAKE REFERENCE TO THE E.E.O.C. DECISION. 

I THINK IT IS IMPRACTICAL, THAT IT IS 

PROBABLY UNFAIR TO ATTEMPT TO DELETE 

THOSE REFERENCES, AND UNDER THE C I R C U M 

STANCES I FIND MYSELF IN THE UNUSUAL 

POSITION OF ASKING THE COURT TO SIMPLY 

LET ME WIT H D R A W  MY EARLIER OBJECTION

AND PLACE THE E.E.O.C. DECISION IN
E V l ' I . Y X  O Y E R  H E C K
O F F I f l M .  COURT R E PO R T E R

-- 50IA



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5 1 2

EVIDENCE FOR THE LIMITED PURPOSE OF 

E X P L A I N I N G  WHY IT IS REFERRED TO IN 

MR. TEAGUE'S LETTER. NOW, IT IS NOT 

BINDING ON THE COURT AND WE STILL C E R 

TAINLY M AINTAIN THAT POSITION, BUT IT 

HAS BEEN MENTIONED, REFERRED TO, AND 

FOR THE LIMITED PURPOSE OF SHOWING THE 

INFORMATION THAT MR. TEAGUE IS ACTING 

ON HERE I SUPPOSE ITS GOT TO BE IN THE 

RECORD.

THE COURT: MR. WHEAT?

MR. WHEAT: YOUR HONOR, WE

ARE CERTAINLY NOT TRYING TO GET THE 

DECISION INTO THE RECORD. I BELIEVE 

THE RULE THAT THE COURT MADE ORIGINALLY 

ABOUT THE DECISION JS THE CORRECT D E C I 

SION. THE FINDINGS OF THE E.E.O.C. ARE 

NOT BINDING UPON THIS COURT IN ANY WAY, 

AND THE UNION IS NOT SEEKING TO GET INTO 

THE RECORD THAT THE EQUAL EMPLOYMENT 

O P P O R T U N I T Y  COMMISSION DID NOT MAKE AN 

A F F I R M A T I V E  FINDING AGAINST THE UNION 

FOR ANY PURPOSE OTHER THAN TO SHOW MR. 

TEAGUE'S STATE OF MIND AT THE TIME THAT

TESTING AND E D U C A T I O N A L  REQUIREMENTS

E V E L Y N  O V E R  H E C K
(Wh' ICI \1. COUR T KF.ROUTER

• 59:.!/?



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5 1 3

AND SENIORITY PROVISIONS WERE BEING 

DI S C U S S E D  AND NEGOTIATED. I AM STRICTLY 

R E L U C T A N T  TO HAVE THE WITNESS C H A R A C T E R 

IZE THE EXHIBIT OR DESCRIBE IT FOR THE 

PURPOSE OF AVOIDING THE INTRODUCTION OF 

IT SO THAT WE MIGHT AVOID THE PROBLEM 

MR. BURCH SPEAKS TO. I D O N ’T AGREE THAT 

IT W O ULD BE UNFAIR TO THE UNION IF THAT 

PORTION OF THE LETTER THAT RELATES TO 

THE FINDINGS OF THE EQUAL EMPLOYMENT 

O P P O R T U N I T Y  COMMISSION WERE EXCISED. I 

HAVE NO O B J E C T I O N  TO THEIR BEING EXCISED 

THE COURT: WILL THAT BE

S A T I S F A C T O R Y  FOR YOUR PURPOSES?

MR. WHEAT: YES, SIR.

THE COURT: IT WAS GOING TO

BE MY SUGGESTION THAT MAYBE THERE COULD 

BE SOME EXCISION OR M O D I F I C A T I O N  FROM T H l  

INSTRUMENT THAT WOULD SOLVE THE PROBLEM.

MR. WHEAT: WELL, YOUR HONOR,

WE WOULD THEN OFFER THE EXHIBIT WITH 

ALL REFERENCES TO THE FINDINGS OF THE 

EQUAL EM P L O Y M E N T  O P P O R T U N I T Y  COMMISSION 

EXCISED.

THE COURT: DEFENDANT UNION

E V E L Y N  O Y E R  K E C K  ”
O F F I C I A L  COl / KT HF.POHTKlt

- -  5 9 3 *



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5 1

EXHIBIT 1?

MR. WHEAT: YES, SIR.

THE COURT: YOU WILL TAKE IT

UPON Y O URSELF TO MAKE SUCH EXCISIONS 

AND SHOW THEM TO COUNSEL.

MR. WHEAT: VERY WELL, SIR.

THE COURT: ALL RIGHT.

Q ( M R . WHEAT) MR. TEAGUE, YOU WERE IN THE C O U RTROOM

WHEN MR. CHAPMAN TESTIFIED, WERE YOU NOT?

A YES, SIR.

Q DO YOU RECALL THE TESTIMONY ABOUT A CONVER S A T I O N  

BETWEEN YO U R S E L F  AND MR. CHAPMAN WHE R E I N  THERE 

WAS SOME REFERENCE TO A CA F E T E R I A  OR GETTING A 

CUP OF COFFEE, AND MR. CHAPMAN WAS ASKING YOU TO 

HELP HIM AND HE STATED THAT YOU TOLD HIM YOU 

COULD ONLY HELP HIM WHEN THE COMPANY WAS FULLY 

INTEGRATED. DO YOU RECALL THAT T R A NSACTION?

A I DON'T REMEMBER ANY SPECIFIC D I S C USSION WITH

MR. CHAPMAN. I REMEMBER HIS PROBLEM AND I SUSPECT 

WE D I S C U S S E D  IT ON SEVERAL D I F FERENT SITUATIONS, 

OCCASIONS, BUT I DON'T REMEMBER THERE WAS ANY ONE 

DISCUSSION. AS I R EMEMBER IT, IT WAS DIFFERENT 

D I S C U S S I O N S  OF THE SAME PROBLEM AT DIFFERENT 

TIMES IN A B O U T '60, '61.

Q ALL RIGHT, SIR. WHAT WAS THE SAME PROBLEM THEN

-

EVELYX OYKI! HECK
O F F I C I A L  COVHT RKP OR TKR



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YOU REFER TO?

WELL, THE PROBLEM MR. CHAPMAN BROUGHT TO ME ON 

DIFFERENT OCCASIONS WAS AS HE SAW IT THAT THE 

COMPANY AND THE UNION HAD SOME TEN OR TWELVE YEARS 

PREVIOUSLY TAKEN SOME WORK THAT HE FELT WAS THAT 

OF THE LABORERS AND HAD TR A N S F E R R E D  IT TO THE 

C L A S S I F I C A T IO N  OF W A R E H O U S E M A N  AND SHIPPING.

SO WHAT MR. CHAPMAN WANTED WAS, WHICH HE FELT 

HAD BEEN UNFAIR TO THE LABORERS, HE WANT E D  TO 

EITHER TAKE THE WORK AND TRANSFER IT BACK TO THE 

LABORERS OR HE WAN T E D  TO TAKE THE LA30RERS IN 

THE WA R E H O U S E  AND TRANSFER THEM UP TO W A R E H O U S E M A N  

SHIPPER, WHERE THE WORK HAD BEEN REMOVED TO.

THIS WAS RATHER A DI F F I C U L T  THING FOR 

ME TO HANDLE BECAUSE, NUMBER ONE, IT H A P P E N E D  SOME 

TEN OR TWELVE YEARS PREVIOUSLY; AND SECONDLY, I 

DIDN'T FEEL DISPOSED TO TAKING WORK AND T R A N S 

FERRING IT BACK TO THE LABOR DEPART M E N T  TO BE 

PERFORMED AS A CHEAPER WAGE, AND I DIDN'T SEE 

ANY WAY AT THAT LATE DATE TO TAKING A GROUP OF 

LABORERS AND BRING ABOUT THEIR PROMOTION TO 

W A R E H O U S E M A N  AND SHIPPER AND PUSH A NUMBER OF 

OTHER EMPLOYEES OUT THE GATE SEVERAL YEARS AFTER

____________________________________  515

THEY HAD BEEN HIRED.

ALSO, I WASN'T SURE THAT MR C H A P M A N 'S

EVELYN OVENHECK
O F F IC IA L  COURT R E P O R T E R



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DE S C R I P T I O N  OF WHAT H APPENED WAS A C C U R A T E , ALTHOUGH 

HE WAS A MEMBER, AND I TOOK IT AT FACE V A L U e ]

HE CERTAINLY BE L I E V E D  WHAT HE D E S CRIBED AS BEING 

ACCURATE. I D I S C U S S E D  IT WITH VAN OSDALL AT THE 

TIME TO TRY TO FIND OUT WHAT DID HAPPEN. IT 

WAS ONE OF THESE THINGS THAT IT WAS TOO LATE TO 

DO A N Y T H I N G  ABOUT IF MR. CHAPMAN WAS RIGHT AND 

SIMPLY NO WAY FOR ME AND THE UNION TO HANDLE IT 

IN *60 OR *61, S O M ETHING THAT H A PPENED BACK IN THE 

LATE 5 0 1 S .

Q DID YOU EXPRESS THESE THINGS TO MR. CHAPMAN?

A OH, YES, AND I TRIED TO EXPRESS SYMPATHY WITH

HIS PROBLEM.

Q WHAT WAS HIS RESPONSE?

A WELL, I SUPPOSE MR. CHAPMAN THOUGHT THEN, THINKS 

NOW AND THOUGHT IN THE 1950'S THAT THE LABORERS 

HAD BEEN DEALT WITH UNJUSTLY AND HE WANT E D  SOMEONE 

TO DO S O M ETHING ABOUT IT. I SUPPOSE HE STILL

BELIEVES THAT TO THIS DAY.
|

MY RESPONSE TO HIM WAS THAT I DIDN'T 

SEE A N Y T H I N G  THAT COULD BE DONE, THAT THE BEST 

THING WE COULD DO WAS TO INTEGRATE THE PLANT,

LET SOME OF THE LABORERS PROMOTE TO W A R E H O U S E M A N-  

SHIPPER, BUT NOT AT THE EXPENSE OF PUSHING

SOMEONE OUT OF THE GATE THAT HAD GAINED SENIORITY

E V E L Y X  O Y E H l i E C K
OF F I C I A L  COCUT UK FOR T EH

- 5 9 G 4



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OF E M P L O Y M E N T  ON THE JOBS. THERE W A S N ’T ANY WAY 

FOR ME TO REWRITE HISTORY. THE ONLY WAY WE COULD 

HANDLE THE PROBLEM WAS BY INTEGRATION OF THE PLANT 

THIS IS IN EFFECT, I TOLD HIM, IN '61. THIS IS 

STILL I THINK THE ONLY ANSWER I KNOW OF, MR.

WHEAT.

Q MR. TEAGUE, WERE YOU IN THE C O U R T R O O M  WHEN MR.

N A T H A N I E L  BEAN TESTIFIED?

A Y E S , SIR.

Q DO YOU RECALL TESTIMONY ABOUT A C O N V E R S A T I O N  WITH 

YOURSELF WHE R E I N  THERE WAS SOME DISCUS S I O N  ABOUT 

WHE T H E R  OR NOT CERTAIN EMPLOYEES COULD BECOME 

OPERATORS ?

A I R E M E M B E R  A PROBLEM FOR WHICH WE HELD A SPECIAL

M E E T I N G  OF THE LABORERS TO DISCUSS WHICH WAS THE

R E F ERENCE OF HIS TESTIMONY, YES. I DON'T REMEMBERw *
c

ANY S PECIFIC DISCUSSION WITH MR. BEAN AT THAT 

MEETING. I REMEMBER THE PROBLEM AND I REMEMBER 

THE UNION POSITION.

Q WAS IT A CALLED M EETING OR SPECIAL MEETING, OR 

WHAT?

A IT WAS A MEETING OF ALL THE LABORERS.

Q WHAT WAS THE PURPOSE OF THE MEETING?

A WELL, THE PROBLEM HAD ARISEN AND THE UNION HAD

TAKEN THE POSITION WHICH THE LABORERS FELT WAS

E V E L Y N  O Y E R  H E C K
O F F I C I A L  COUR T RECOCT Eli

-  597/?

________________________________________________________________________________________________________________________________________5  1  7



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5 1 8

UNFAIR TO THEM, AND SO I CALLED THIS MEETING FOR 

THE PURPOSE OF TRYING TO EXPLAIN TO THE LABORERS 

WHAT THE PROBLEM WAS AS WE SAW IT, WHAT THE P O S I 

TION OF THE UNION WAS AND WHY, H O P EFULLY TO S A T I S 

FY THE LABORERS THAT WE WERE NOT TAKING A POSITION 

WITH ANY INTENT OF HURTING THAT PART OF THE M E M B E R 

SHIP.

DID YOU MAKE ANY ST A T E M E N T  TO THE EFFECT THAT YOU 

THO U G H T  THAT A BLACK PERSON S H O U L D N ’T BECOME AN 

OPERATOR?

I C E R T A I N L Y  DID NOT. I NEVER HAVE AND I NEVER 

WILL.

DID YOU MAKE ANY ST A T E M E N T  THAT COULD BE CONSTRUED 

TO MEAN THAT?

I D O N ’T R E MEMBER THAT I COULD HAVE MADE ANY S T A T E 

MENT THAT WOULD HAVE HAD RACIAL CONNOTATIONS.

I DID MAKE A S T A TEMENT TO THE EFFECT THAT I DID 

NOT WANT LABORERS PAID DOING UNSKILLED LABOR 

PAYING A WAGE RATE FOR UNSKILLED W O R K I N G  O P E RATING 

EQUIPMENT. IF THEY WERE GOING TO BE PAID THE 

BOT T O M  RATE THEY SHOULD BE CONFINED TO THE U N 

SKILLED WORK. IF THEY WERE GOING TO PERFORM ANY 

WORK OF MORE SKILLED NATURE I D I D N ’T WANT IT P E R 

FORMED BY LABORERS, I WANT E D  IT PERFORMED BY

PEOPLE PAID TO PERFORM THE MORE SKILLED WORK.

E V E L Y N  O V E K H E C K
O FF I C I A L  COUR T HKFOHTKR

- 5 9 8 / ?



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Q WHY?

A IT IS A PLAIN MATTER OF A D M I N I S T R A T I O N  OF T H £
i

CONTRACT, A D M I N I S T R A T I O N  OF BASIC PRINCIPLES;

WE NE G O T I A T E  D I F FERENT WAGE RATES FOR DIFFERENT 

TYPES OF WORK PERFORMANCE.

NOW, IF THE COMPANY SHOULD ASSIGN WORK 

OF A HIGHER NATURE TO BE PERFORMED BY THE L A B O R 

ERS THEN THEY ARE E SCAPING PROPER PAYMENT OF WAGES 

FOR THE WORK PERFORMED. IF THE LABORERS ON THE 

OTHER HAND A C C O M P L I S H  THE SAME THING THAT THEY 

SEEK AND DEMAND AND RECEIVE THE RIGHT TO PERFORM 

CERTAIN WORK THAT IS NOT THAT OF U N S KILLED NATURE 

BUT OP E R A T I N G  EQUIPMENT, THEN IN THAT CASE THEY 

ARE BRE A K I N G  DOWN THE WOR K I N G  C O N D ITIONS IN THE 

UNION CONDITIONS OF THAT PLANT. THEY ARE OBTAIN- 

ING THE PERFOR M A N C E  OF WORK AT A RATE FAR TOO 

LOW FOR THE WORK OF A SKILLED NATURE.

Q ALL RIGHT. HAVE YOU EVER HAD ANY C O N V E RSATIONS 

WITH MR.CHARLES BEAN IN CONNECTION WITH BUMPING 

RIGHTS?
I

A YES, SIR.
I

Q WOULD YOU DESCRIBE THOSE C O N V E R S A T I O NS  OR C O N V E R 

SATION?

A WELL, SOMETIME IN *67, '68, '69, SOMEWHERE IN THE

LATTER 6 0 * S AT LEAST, BROTHER BEAN CALLED ME AND

~  K V E L Y X  O Y E R H E C K
O F F I C I A L  COl ' I fT  R E P O R TE R

■- 5 9  m



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5 2 0

TOLD ME THAT HE WOULD LIKE TO COME DOWN TO TEXAS
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CITY AT MY OFFICE AND DISCUSS WITH ME COMPLAINTS 

OF HIS THAT THE LOCAL UNION WAS NOT PROPERLY R E P 

RE S E N T I N G  THE BLACK PEOPLE AT GOODYEAR. SO 

CHARLEY AND I DID MAKE AN A P P O I N T M E N T  AND I 

A R RANGED FOR BUSINESS R E P R E S E N T A T I V E  JONES WHO 

HANDLED THE GRIEVANCES AT THE GOODYEAR PLANT TO 

BE PRESENT, AND SO CHARLEY CAME DOWN ONE DAY AND 

WE DI S C U S S E D  HIS COMPLAINT, S UGGESTIONS AS TO 

HOW THE UNION MIGHT BETTER SERVE ITS M E M B E R S H I P  

AND S P E C I F I C A L L Y  HOW HE THOUGHT THE UNION WAS NOT 

PUSHING THE GRIEVANCES OF THE BLACKS AS MUCH AS IT 

SHOULD HAVE.

IT TURNED OUT THAT CHARLEY HAD REALLY 

TWO S PECIFIC AREAS OF GRIPES. ONE WAS CASES 

WHERE PERSONS WERE PR E S E N T I N G  COMPLAINTS TO M A N A G E 

MENT BUT NEVER FOLLOWING UP IN A SECOND STEP OF 

R E DUCING THEM TO W R I T I N G  AND MAKING THEM OFFICIAL 

GRIEVANCES AT THAT POINT. IF THE STEWARD OR THE

GUYS DIDN'T FOLLOW UP WITH THE WRI T T E N  GRIEVANCE
I

THEY COULD HOLLER UNTIL DOOMSDAY WHY DIDN'T THE
I

UNION A R B ITRATE OR DO THIS OR THAT, AND WE DIDN'T 

HAVE ANY G R I EVANCE TO ARBITRATE. SO IT BECAME 

QUITE A P P A R E N T  TO ME THAT PART OF THE PROBLEM 

THAT CHARLEY WAS TALKING ABOUT WAS THAT BLACK

EV ELYS' OVER HECK
O F F IC IA L  COURT R E P O R T E R  '



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5 2  1

EMPLOYEES, MOST OF WHOM HAD NOT BEEN IN THE PLANT 

FOR LONG NUMBERS OF YEARS, D I D N ’T REALLY U N D E R 

STAND EVEN AT THAT LATE DATE WHAT THE GRIEVANCE 

PR O C E D U R E  WAS AND WHAT THE EMPLOYEE HAD TO DO 

TO GET HIS GRIPE HEARD AND TO GET REMEDIES TO HIS 

C O M P L A I N T S .

AND THE OTHER COMPLAINT OF C H A R L E Y ’S 

WAS A P ERSONAL THING AND THAT WAS WHERE HE HAD 

BEEN BUMPED AND HE FELT, AND QUITE FRANKLY I FELT 

ILLEGALLY. THIS WAS THE GIST OF ABOUT A THREE OR 

FO U R - H O U R  DISCUSSION AT THAT TIME.

Q ALL RIGHT. ONE LAST QUESTION, MR. TEAGUE: WITH T

E X C E P T I O N  OF THE Q U ESTION YOU RAISED IN YOUR 

LETTER OF O CTOBER 22ND OF 1970, UNION'S EXHIBIT 

1, AT ANY TIME DID YOU HAVE ANY INFORMATION WHICH 

WOULD CAUSE YOU TO BELIEVE THAT THE COMPANY WAS 

ENGAGED IN A PATTERN OF RACIAL D I S C R I M I N A T IO N  

IN E M P L O Y M E N T  PRACTICES?

A WELL, MR. WHEAT, THERE IS NO DOUBT APPARE N T L Y

BEFORE MY TIME, AT LEAST BACK IN THE 9 0 ’S, 50'S,

I C ONCEDE IN MY OWN MIND THERE WAS RACIAL D I S 

C R I M I N A T I O N  BY BOTH THE COMPANY, UNION, AND 

EV E R Y B O D Y  ELSE IN THE PLANT AND MOST OTHER PLANTS. 

WELL, I WILL SAY S P E C I F I C A L L Y  1962 WHEN GOODYEAR

DID BECOME PART OF THE PLAN FOR PROGRESS, ’63,
E Y E E Y X  O Y E E H E C K
OF F I C I A L  COUR T R E P O R T E R

■ GO I/?



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5 2 2

MY CO M M I T M E N T  WITH PRESIDENT KENNEDY, T H E R E ’S 

BEEN NO PATTERN OF PRACTICE OF DISCRIMINATION.

THIS UNION AND THIS COMPANY HAS W O R K E D  

HAND IN HAND TO ELIMINATE IT, AND FRANKLY THERE 

HAS BEEN NO MORE PROGRESS IN G O ODYEAR IN HOUSTON 

AS FAR AS D I S C R I M I N A T I O N  THAN ANY PLANT I R E P R E 

SENT IN THIS WHOLE GULF COAST.

MR . W H E A T : P\SS THE W I T N E S S .

THE C O U R T : MRS . MC DONALD.

CROSS E XAMINATION

BY MRS. MC DONALD:

Q MR. TEAGUE, DO YOU RECOGNIZE THAT THE FAILURE 

TO RETAIN SENIORITY IN YOUR HOME DIVISION, IF 

YOU ARE TO TRANSFER TO ANOTHER DIVISION D I S C O U R 

AGES TRANSFER?

A I RECOGNIZE, MRS. MC DONALD, THAT SOME LABORERS

TOLD ME, NOT ONLY AT THIS PLANT BUT OTHER PLANTS, 

THAT THEY D I D N ’T FEEL SAFE IN T R A N S F E R R I N G  TO 

BETTER JOBS BECAUSE THEY MIGHT GET ON A LAYOFF.

Q I ’M NOT TALKING ABOUT LABORERS. OTHER PEOPLE

TRANSFER, TOO, DON'T THEY FROM OTHER DIVISIONS 

ALSO?

A OH, YEAH.

Q WELL, WOULD YOU AGREE WITH ME AS A GENERAL

E V E L Y X  O Y E E E E C K  ”
OFFICIAL court refouteh

- g o ;.! a



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__________________________  ,523

P R O P O S I T I O N  IF YOU ARE NOT GOING TO RETAIN 

YOUR SENIORITY IN YOUR HOME DIVISION FOR BUMP- 

BACK PURPOSES THERE IS A R E L U C T A N C E  TO TRANSFER, 

TO GET OUT AND TAKE THE CHANCE; WOULD YOU AGREE 

WITH THAT?

A WELL, LET ME ANSWER IT THIS WAY, MRS. MC DONALD, 

AND THAT IS I D O N ’T THINK THERE IS ANY REAL CAUSE 

FOR FEAR, BUT I RECOGNIZE THERE DOES EXIST A 

FEAR .

Q OKAY. NOW,WHAT DID THE UNION DO BEFORE THE MOST 

RECENT CONTRACT TO ATT E M P T  TO PROVIDE THAT L A B O R 

ERS S P E C I F I C A L L Y  W O ULD RETAIN THEIR SENIORITY 

IN THE LABOR D E P A R T M E N T  IF THEY CHOSE TO TRANSFER 

TO A N O T H E R  DEPARTMENT?

A PRIOR TO THE 1970 N E G O T I A T I O N S?

Q YES.

A WE MADE NO PROPOSALS UNTIL THE 1970 N E G OTIATIONS 

WITH REGARD TO RETENTION OF SENIORITY FOR P R O 

TECTION AGAINST LAYOFF, JOB BIDDING, SO ON, FROM 

ONE S E N IORITY GROUP TO ANOTHER. '70 WAS OUR
I

FIRST OP P O R T U N I T Y  TO MAKE CONTRACT PROPOSALS ON
i

THAT MATTER.

Q WELL, YOU COULD HAVE MADE CONTRACT PROPOSALS WITH

THE PREVIOUS CONTRACT?

A WE COULD HAVE IF WE HAD KNOWN TO.

~ E Y E L Y X  O Y E R H E C K
O FF I C I A L  COUR T KKCOKTRU



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5 2 4

Q BUT YOU D I D N ’T?

A WE DIDN'T KNOW THERE WAS ANY QUESTION UNTIL ABOUT 

•68, AND 1970 WAS THE FIRST O P P O R T U N I T Y  WE HAD,

MRS. MC DONALD, FROM THE TIME WE WERE MADE AWARE 

OF A PROBLEM.

Q HAS THE UNION EVER MADE A PROPOSAL TO PERMIT L A B O R 

ERS TO BRING THEIR SENIORITY WITH THEM IF THEY 

TR A N S F E R  FROM LABOR DIVISION TO ANOTHER DIVISION?

A IN CONTRACT N E G O TIATIONS?

Q YES .

A OH, NO, MA'AM, THEY HAVE NOT.

Q NOW, WHEN THERE WERE TWO DIVISIONS WITHIN LOCAL

347 IS IT TRUE THAT 347C WAS COMPOSED PREDOMINANTL"’ 

OF MINORITIES, BLACKS AND ME X I C A N - A M E R I C A N S ?

A WELL, SINCE 347C WAS COMPOSED OF MOSTLY THE LOWEST 

PAYING JOBS AMD THE MAKE-UP OF THE PLANTS WE 

REPRESENTED, I GUESS I WOULD HAVE TO SAY YES,

3 4 7 C WAS PREDO M I N A N T LY  MINORITY PEOPLE.

Q THAT WAS E L I M INATED IN JANUARY OF '61?

A JANUARY OF '61, YES, MA'AM.

Q NOW, WHAT WAS THE DIVISION 347A, WHAT JOBS WERE 

INCLUDED IN THAT DIVISION?

A I AM STILL A BIT UNSURE. MY FIRST IMPRESSION WAS

THAT 34 7A CONTAINED A LIST OF 20 OR 30 PEOPLE 

THAT WERE SUPPOSEDLY APPRENTICES IN THE STATIONARY

U l i ; L Y A '  O Y E I W K C K
OFF1CI M.  COUNT It F FONT Fit

G(H4



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5 2 5

EN G I N E E R  FIELD IN HOUSTON. ON FURTHER E X A M I N A 

TION OF THE OLD '58 LIST THAT WE HAD I AM ABOUT 

TO BELIEVE THAT THEY WEREN'T APPREN T I C E S  BUT THEY 

WERE A S S I S T A N T  ENGINEERS. BUT I DON'T KNOW THE 

PEOPLE THAT WELL AND I COULDN'T REALLY SWEAR JUST 

WHAT THEY WERE.

Q WERE THERE ANY BLACKS IN THAT GROUP?

A I DIDN'T UNDERSTAND.

Q WERE THERE ANY BLACKS IN 347A?

A I DON'T KNOW. I DON'T RECOGNIZE A NAME ON THE

LIST.

Q THAT GROUP, THOUGH, WOULD HAVE BEEN C O MPOSED OF

THE HIGHER PAYING JOBS AT GOODYEAR, IS THAT SO?

A 3 47 A?

Q YES .

A NO, M A ’AM. 3 4 7 A WAS A P P A RENTLY MADE UP OF ABOUT 

TWENTY PER CENT OF THE PEOPLE THAT WERE ASS I S T A N T  

ENGINEERS IN HOTELS AND DAIRIES IN THE CITY OF 

HOUSTON WHICH HAD BEEN MEMBERS OF LOCAL 707 AND 

T R A N S F E R R E D  INTO 347 AND T R A N S F E R R E D  BACK TO 707 

IN THE FALL OF '58, AS S O O N &  THE INTERNATIONAL 

STAFF GOT AHOLD OF IT. BUT JUST WHAT THAT LIST, 

THE LITTLE 347A, WHAT THAT WAS COMPRISED OF, I 

DON'T KNOW. I D I D N ’T WORK WITH THE PEOPLE. ALL

I KNOW, THERE IS A RECORD OF IT IN THE LOCAL UNION

E V E L Y N  O V  E l i H E C K
O F F I C I A L  COUR T RKROHTKR

-- GO



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5 2 6

FILES AND THAT IS ABOUT THE TOTAL K N O WLEDGE I 

HAVE OF THAT LITTLE GROUP.

Q WERE THERE PERSONS EMPLOYED AT GO O D Y E A R  THAT WERE 

MEMBERS OF THE 347A?

A NO, MA'AM.

Q AT G OODYEAR AT THE TIME THERE WAS A 347C WAS THERE 

ALSO A 347?

A RIGHT.

Q THE 347 INCLUDED ALL OF THOSE PERSONS WHO WERE 

NOT MEMBERS OF 347C AT GOODYEAR?

A YES, MA'AM.

Q A C C O R D I N G  TO YOUR CONSTI T U T I O N  AND BYLAWS DOES

THE INTERNATIONAL HAVE THE AUTHORITY TO DISSOLVE

A BRANCH?

A THEY CAN DISSOLVE THE -- THEY HAVE A U T H O R I Z E D  TO 

DISSOLVE THE WHOLE LOCAL IF THEY GET READY.

Q WHEN DID IT FIRST COME TO YOUR A T T E N T I O N  THAT AT 

LEAST BLACK EMPLOYEES HIRED PRIOR TO 1957 AT 

GO O D Y E A R  FELT THAT THEY SHOULD NOT HAVE TO TAKE A 

TEST TO TRANSFER OUT OF THE LABOR DEPART M E N T  OR 

HAVE A HIGH SCHOOL DIPLOMA?

A I'M SURE, MRS. MC DONALD, THAT SOMETIME IN 1960'S 

I HEARD SUCH GRIPES 3Y INDIVIDUALS OR GROUPS THAT 

THEY D I D N ’T WANT TO TAKE THE TEST, THEY DIDN'T 

FEEL LIKE THEY SHOULD HAVE TO HAVE A HIGH SCHOOL

EVIUA'N OVERHECK
O F F K ' I M ,  COUHT HKFOKTKR

- 6  Q U A



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527i

ED U C A T I O N  TO GO TO OTHER JOBS. I C A N ’T PIN DOWN 

A S PECIFIC TIME WHEN I BECAME AWARE THAT THERE 

WAS PEOPLE THAT DIDN'T LIKE IT. IT WAS PROBABLY 

ABOUT THE SAME TIME I BECAME AWARE THERE WAS SUCH 

A THING.

Q WHAT DID THE UNION DO IN AN EFFORT TO ELIMINATE 

THIS R EQUIREMENT AS TO BLACKS HIRED PRE-1957 AT 

GOODYEAR?

A WHAT THE UNION HAS DONE, AS SOON AS WE BECAME

AWARE THERE WAS A Q UESTION AS TO LEGALITY OF THOSE 

TESTS IS WE O BTAINED AN AGR E E M E N T  WITH THE COMPANY 

AND THE C ONTRACT THAT IS THERE NOW THAT THEY SHALL 

NOT SUBJECT EMPLOYEES TO A R E Q U I R E M E N T  WHI C H  IS 

ILLEGAL AND D I S C R I M I N A T OR Y  OF LAW.

Q IN YOUR OPINION IS THAT A R E Q U I R E M E N T  THAT IS

D I S C R I M I N A T OR Y  AND ILLEGAL BY LAW A C C O R D I N G  TO 

THE CONTRACT?

A WELL, I WILL HAVE TO CONFESS, MRS. MC DONALD, 

LISTENING TO ALL OF YOU LAWYERS I D O N ’T KNOW 

THIS MINUTE WHAT IS RIGHT AND WHAT IS WRONG. I
I

TEND TO THINK IT IS ILLEGAL.

Q HAS THE UNION TAKEN T H A T P O S I T I O N  WITH ITS M E M B E R 

SHIP?

A WE HAVE TAKEN THE POSITION PERSONALLY AND TO OUR 

M E M B E R S H I P  THAT WE FEEL THAT IN ALL PROBABILITY

EVELYN OVERHECK
OF FI (7 1 /, ( 'O UK T  K F.POK TE R

* 607



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5 2 8

IT IS ILLEGAL. CERTAINLY THE COMPANY CANCELED

IT FOR SOME REASON SO WE ASSUME IT IS PROBABLY
I

ILLEGAL. IF IT IS A D M I N I S T E R E D  AND A MEMBER 

GRIEVED, WE PROCEEDED TO ARBITRATION. I HAVE TOLD 

DALE SMITH THIS SPECIFICALLY.

Q PRIOR TO THE 1970 CURRENT CONTRACT WHAT DID THE 

UNION DO TO ELIMINATE THAT PROBLEM AS TO PRE- 

1957 BLACK EMPLOYEES?

A PRE- ’ 5 7 OR AFTER *57 IT MADE NO DIFFERENCE WITH 

REGARD TO UNION POSITIONS. THE FACT OF IT IS,

MRS. MC DONALD, THAT WE D I D N ’T DO ANYTHING UNTIL 

WE WERE MADE AWARE THAT THERE WAS A QUESTION AS 

TO ITS LEGALITY.

Q PRIOR --

A AND THEN WE PROCEEDED AT THE NEXT CONTRACT OPENING 

TO NE G O T I A T E  THE PROVISIONS THAT I HAVE ALREADY 

DISCUSSED.

Q SO IS IT YOUR ANS W E R  THAT PRIOR TO THE CURRENT 

CONTRACT OR AT LEAST THE NEGOT I A T I O N S  FOR THE
j

CURRENT CONTRACT THE UNION DID NOTHING TO ELIMINATE 

THAT E D U C A T I O N A L  AND TESTING R E Q U I R E M E N T  FOR PRE- 

57 BLACKS?

A IT IS MY TESTIMONY THAT NUMBER ONE, MRS. MC DONALD,

WE DIDN'T KNOW THERE WAS ANYTHING EVEN POSSIBLY

WRO N G  WITH IT UNTIL ABOUT 1968, AND IT IS MY

EVELYN 0 1 ’EE HECK
OF F I C I A L  COVh’T R E ) ‘OUTER

6 0 8 4



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____________________________ ___ __________________1________;s2.q____

TE S TIMONY ONCE WE BECAME AWARE THERE MIGHT BE A
I

Q U ESTION AS TO THE LEGAILITY OF IMPOSING THEj 

HIGH SCHOOL E D U CATION AND THE TESTING THAT G O O D 

YEAR APPLIED, THAT AT THE VERY NEXT OPPORTUNITY, 

WHICH WAS THE 1970 C ONTRACT NEGOTIATIONS, WE 

PR O C E E D E D  TO NEGOTIATE A P R O VISION THAT THE 

EMPLOYER AT G OODYEAR WOULD NOT IMPOSE ANY R E Q U I R E 

MENT WHICH WAS ILLEGAL AND DISC R I M I N A T OR Y  AND IL

LEGAL UNDER THE LAW. THIS IS MY TESTIMONY.

MRS. MC DONALD: NOTHING F U R 

THER, YOUR HONOR.

THE COURT: ALL RIGHT. AT

THIS POINT I'M GOING TO INTERRUPT THE 

PROCEEDINGS. WE HAVE ANOTHER PROCEEDING 

THAT WILL COMMENCE AT 5:00. SINCE WE 

ARE NOT GOING TO BE ABLE TO FINISH TODAY 

WE NEED TO TAKE TIME FOR ANOTHER R E 

ASSESSMENT.

LET ME ASK YOU, MR. WHEAT, HOW 

MUCH LONGER YOU BELIEVE THAT YOUR CASE 

WILL TAKE?

MR. WHEAT: TWO WITNESSES,

YOUR HONOR, A P P R O X I M A T E L Y  FIVE MINUTES 

EACH FOR DIRECT EXAMINATION.

THE COURT: ALL RIGHT.
EVELYN OV Mi HECK
OF F I C I A L  COVHT HEFOHTF.R

6 0 U *

THEN



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5 3 0

MRS. MC DONALD, YOU STILL WILL HAVE SOME 

REBUTTAL, WILL YOU?

MRS. MC DONALD: YES, THREE

WITNESSES, I'M CERTAIN NO MORE THAN FIVE 

MINUTES EACH.

THE COURT: VERY WELL. WE

WILL RECONVENE MONDAY AT 2:00. THE 

MORNING SESSION IS TAKEN UP WITH 

ARRAI G N M E N T S  AND S E N T E N C I N G  AND IT WILL 

BE N E C ESSARY THAT WE COMMENCE IN THE 

AFTERNOON. I WANT TO FINISH THIS CASE 

MONDAY A F T ERNOON IF AT ALL POSSIBLE.

I WOULD ASK THAT YOU BEAR 

IN MIND WHAT I SAID YESTERDAY WITH 

REFERENCE TO ORAL ARGUMENTS INASMUCH AS 

I WOULD LIKE VERY MUCH TO HEAR YOUR 

A R GUMENT IN THIS CASE IN THE LIGHT OF 

ALL OF THIS PROOF. WE WILL RECONVENE 

AT 2:00 ON MONDAY, D E CEMBER 20TH.

ARE THERE ANY QUESTIONS?

MR. BURCH: NO, SIR.

THE COURT: ALL RIGHT. COURT 

WILL STAND RECESSED.

( A D J O U R N M E N T .)

B Y  E L Y  X  O Y E l i B E C K
O F F I C I A L  COUR T KKCOHTF.R

6 1UA



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5 3 1

DECEMBER 20, 1971

2:00 P.M. SESSION

THE COURT: ALL RIGHT. MR.

W H E A T .

MR. WHEAT: YOUR HONOR, I DON'T

KNOW IF THERE WERE ANY QUESTIONS OF MR. 

BURCH FOR MR. TEAGUE. I HAVE NO R E 

DIRECT.

MR. BURCH: MR. TEAGUE WAS ON

THE STAND. IT WAS OUR OPPORT U N I T Y  TO 

Q U ESTION HIM. WE DON'T HAVE ANY Q U E S 

TIONS .

I HAVE SHOWED MR. WHEAT A 

COPY OF A LETTER THAT WAS SENT IN R E 

SPONSE TO ONE OF THE UNION EXHIBITS,

AND MR. TEAGUE HAS AGREED HE WILL S T I P U 

LATE THIS IS A TRUE COPY THAT WAS R E 

CEIVED IN THE DUE COURSE OF BUSINESS.

I WOULD ASK THE CLERK TO MARK FOR 

I D ENTIFICATION EXHIBIT 21, A LETTER 

FROM MR. VAN OSDALL TO MR. TEAGUE DATED 

N O VEMBER 6, 1970.

MR. WHEAT: THIS IS THE COMPANY

RESPONSE, YOUR HONOR, TO UNION'S EXHIBIT!
_______

E V E L Y N  O V E R  H E C K
O F F I C I A L  COUR T R E P O R TE R

■ 6 1 1  R



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5 3 ?

1, WHICH IS A LETTER DATED OCTOBER 22, 

1970. WE STIPULATE THAT IT IS THE 

RESPONSE TO THAT LETTER.

THE COURT: ALL RIGHT. D E 

FENDANT COMPANY'S EXHIBIT 21 IS A D M I T 

TED.

MR. BURCH: YOUR HONOR, YOU

WILL RECALL THAT AT THE END OF THE DAY 

FRIDAY AND IN CONNECTION WITH THE UNION 

EXHIBIT THERE WAS DI S C U S S I O N  ABOUT THE 

FACT THAT IT REFERRED TO THE DECISION 

OF THE EQUAL EMPLOYMENT O PPORTUNITY C O M 

MISSION. THERE IS MENTION ALSO IN THIS 

LETTER, NO. 21, TO THAT DECISION, AND 

HAVING D I S CUSSED THE MATTER WITH MR. 

WHEAT AND HAVING CO N S I D E R E D  IT OVER THE 

WEEK END IT IS MY OPINION THAT FROM THE 

COMPANY'S POINT OF VIEW WE SHOULD W I T H 

DRAW OUR OB J E C T I O N  TO THE DECISION, NOT 

BECAUSE WE THINK THE COURT IS BOUND BY 

THAT DECISION OR SHOULD BASE ITS D E C I 

SION ON THE COMMISSION'S RULING, BUT 

BECAUSE IF THESE LETTERS ARE EXCISED TO 

REMOVE ANY REFERENCE THEIR COMPLETE M E A N 

ING IS DESTROYED. THE COURT HAS ONLY 
E V E L Y E  O V E R  H E C K
O P f ' K ' l A L  COUR T Rl< CURT EH

z i ' i n



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5 3 3

A PARTIAL RECORD. WE THINK THE GOOD 

FAITH POSITION OF THE COMPANY AND UNION
I

AS OF 1970 AND AFTER RECEIPT OF THE 

COMMIS S I O N  DECISION IS RELEVANT TO 

THIS COURT'S RULING IN THIS CASE, AND 

AT THIS POINT WE T H E REFORE FEEL IT WOULD 

BE BEST TO HAVE THE DECISION IN EVIDENCE 

AND WI T H D R A W  OUR OBJECTION.

THE COURT: MR. WHEAT?

MR. WHEAT: WE JOIN THE C O M 

PANY IN THIS PARTICULAR FOR THE REASONS 

SET FORTH BY MR. BURCH. AT THE TIME 

THE EXHIBIT WAS OFFERED WE DID NOT VOICE 

AN OB J E C T I O N  TO IT. WE DID NOT HAVE 

FEELINGS EITHER WAY ABOUT WHETHER IT 

SHOULD BE OR W HETHER IT S H O U L D N ' T  BE 

INTRODUCED. FOR REASONS OF P R ACTICALITY 

WE FEEL NOW IT SHOULD BE INTRODUCED BUT 

WE AGREE THAT IT IS BY NO MEANS BINDING
i

ON THE COURT.
I

THE COURT: MRS. MC DONALD, I

BELIEVE YOU HAD MADE THE INITIAL I N T R O 

DUCTION OF THIS EXHIBIT. THIS IS THE 

DE C I S I O N  OF THE COMMISSION.

MRS. MC DONALD: YES, YOUR

E V E L Y S  O Y E R  H E C K
O F F I C I A L  COUR T R E P O R T E R

6 134



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5 3 4

HONOR. I BELIEVE IT IS P L A I N T I F F ’S 

EXHIBIT 2. YES, JOHNSON 2.

THE COURT: ARE WE TALKING

NOW ABOUT THE SAME EXHIBIT, P L A I N T I F F ’S 

EXHIBIT 2, IF ADMITTED SOLVES THESE 

PROBLEMS?

MR. BURCH: YES, SIR.

THE COURT*. ALL RIGHT.

P LAINTIFF'S EXHIBIT 2 WILL BE ADMITTED.

ALL RIGHT. HAVE WE ANYTHING

FURTHER?

MRS. MC DONALD: WITH RESPECT

TO COMPANY'S EXHIBIT 21, THE PLAINTIFF 

WOULD LIKE TO LODGE AN O B J ECTION TO IT.

IT CONTAINS IN THE LETTER CERTAIN S T A T E 

MENTS CONCERNING OPINIONS THAT WERE 

GIVEN OR WERE AT LEAST FAILED TO BE 

GIVEN C O N C ERNING THE TESTING AND E D U C A 

TIONAL REQUIREMENTS OF THE COMPANY BY 

THE CONTRACT COMPLIANCE OFFICE OF THE 

DEFENSE SUPPLY AGENCY. IN OTHER WORDS,

MY OB J E C T I O N  IS THAT IT CONTAINS MANY 

MATTERS WHICH ARE NOT RELEVANT TO THIS 

CASE. IT REFERS TO STATEMENTS THAT

WERE NOT MADE BY THE CONTRACTS COMPLIANCE

EV M A X  OY El! BECK
OFF I CI AL  c o r i n '  R E P O R TE R

G11/9



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5 3 5

OFFICE OF THE DEFENDANT'S SUPPLY AGENCY, 

WHICH I THINK ARE RELEVANT.

THE COURT: ARE THESE MATTERS

THAT CAN BE POINTED OUT IN YOUR LEGAL 

M E M O R A N D U M  WHICH YOU WILL FILE S U B S E 

QUENT TO THE TRIAL AND AT THAT TIME 

C A N ’T WE THEN WEIGH OR EXCLUDE W HATEVER 

PORTIONS DON'T HAVE ANY BEARING ON THE 

CASE?

MRS. MC DONALD: THAT WOULD

BE FINE.

JUST FOR THE RECORD, I DID 

WANT TO OBJECT TO ALL MENTION OF OPINIONS 

GIVEN BY CONTRACTS C O M P L I A N C E  OFFICE OF 

THE D EFENDANT'S SUPPLY AGENCY WITH R E 

SPECT TO THE TESTING AND ED U C A T I O N A L  RE

QUIREMENTS OF THE COMPANY.

THE COURT: ALL RIGHT. IT

WILL BE A D M I T T E D  AND BE GIVEN AP P R O P R I A T E  

WEIGHT.

ALL RIGHT. MR. WHEAT.

MR. WHEAT: WE ARE PREPARED TO

PROCEED WITH OUR NEXT WITNESS.

E V E L Y  K  O Y  E l i  H E C K
O F P I I ' I M . m l l n r  R E P O R TE R

- U  1 :v?



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536

BEN T. HARRISON,

WITNESS CALLED BY AND IN BEHALF OF THE DEFENDANT UNION, 

HAVING BEEN FIRST DULY SWORN, WAS EXAMINED AND TESTIFIED 

AS FOLLOWS:

DIRECT EXAMIN A T I O N

BY MR. WHEAT:

Q MR. HARRISON, WOULD YOU STATE YOUR NAME AND ADDRESS 

PLEASE?

A BEN T. HARRISON. I LIVE 4030 SOUTH SHAVER IN 

HOUSTON.

Q HOW ARE YOU EMPLOYED?

A I AM EMPLOYED PRESENTLY WITH GOODYEAR.

Q ALL RIGHT. HOW LONG HAVE YOU WORKED FOR G O ODYEAR 

IN ITS HOUSTON C H EMICAL PLANT?

A SIXTEEN YEARS.

Q DO YOU NOW OR HAVE YOU EVER HELD ANY POSITION WITH 

THE DE F E N D A N T  UNION?

A YES, SIR. I HAVE.

Q WHAT POSITION WAS THAT?

A C O M M I T T E E M A N  AND CHIEF STEWARD.

Q WHEN WERE YOU A CHIEF STEWARD?

A A P P R O X I M A T E L Y  FROM NOVEMBER '69 U N T I L S E P T E M BE R  

OF '71.

Q IS THAT AN ELECTIVE OR AN APPOINTED POSITION?

E V E L Y N  O V E U H E C K
O FF I C I A L  COUHT H K I D H T E K

• G1IJ/7



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5 3 7

A

Q

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Q

A

Q

A

Q

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Q

A

Q

A

Q

E L E C T I V E .

WHAT GROUP OF EMPLOYEES ELECTED YOU TO THAT P O S I 

TION?

G O O D Y E A R  GROUP.

THE ENTIRE BARGAI N I N G  UNIT AT G O ODYEAR OR SOME 

SMALLER GROUP?

THE OP E R A T I N G  ENGINEERS GROUP, SIR.

MR. HARRISON, WE HAVE HAD SOME TESTIMONY THAT 

CHIEF STEWARDS APPOINT S UBORDINATE STEWARDS. IN 

THE COURSE OF YOUR DUTIES AS CHIEF STEWARD DID 

YOU IN FACT MAKE SUCH APPOI N T M E N T S?

YES, SIR. THAT'S CORRECT.

AMONG THOSE A P P O I N T M E N T S  THERE ARE MR. R. L. 

JOHNSON, PLAINTIFF IN THE CASE?

YES .

WHEN DID YOU FIRST APPOINT HIM TO POSITION OF 

STEWARD?

HE WAS AN INCUMBENT, INCUMBENT STEV/ARD. I JUST 

R E A P P O I N T E D  HIM.

WAS IT THEN WITHIN YOUR D I S C R E T I O N  TO APP O I N T  HIM 

OR NOT?

YES, SIR. THAT'S CORREDT.

IN THE COURSE OF HIS S T E W A R D S H I P  DID MR. JOHNSON 

R E P RESENT BOTH BLACK AMD WHI T E  EMPLOYEES?

P R E D O MINANTLY BLACK, SOME WHITE.

E V E L Y N  O V E R  H E C K
O F F I C I M . COUR T HKFOKTRR

617/?



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5 3 8

Q WOULD IT HAVE BEEN WITHIN YOUR D I S C RETION ASj

CHIEF STEWARD TO HAVE APPOINTED A WHITE EMPLOYEE 

AS STEWARD INSTEAD OF A BLACK EMPLOYEE?

A YES, SIR; MY DISCRETION.

Q DID YOU MAKE ANY OTHER APPOIN T M E N T S  OF STEWARDS

OF BLACK EMPLOYEES?

A OH, YES, MANY.

Q ALL RIGHT, SIR. NOW, IS IT AND HAS IT BEEN A

POLICY OF THE GOODYEAR PLANT TO PROHIBIT SMOKING 

IN THE PLANT AREA?

A Y E S , IT I S .

Q ARE THERE AND WERE THERE RESTRICTED AREAS WHEREIN

SMOKING WAS PERMITTED?

A OH, YES.

Q HAVE YOU EVER HAD O C CASION TO HAVE DISCUSSION WITH 

MR. JOHNSON ABOUT D E S I G N A T E D  SMOKING AREAS IN THE 

PLANT?

A MR. JOHNSON OR MR. CHAPMAN, I BELIEVE IT WAS C H A P 

MAN TO BE HONEST WITH YOU, I HAD DISCUSSIONS 

WITH HIM.
I

Q ALL RIGHT. NOW, WHAT WAS THE NATURE OF THAT
I

DISCUSSION, MR. HARRISON?

A THE W A R EHOUSE LABORERS HAD WHAT AT ONE TIME WAS 

SEPARATE SMOKERS AND THEY WERE HAVING PROBLEMS 

ABOUT PRODUCTION PERSONNEL GOING INTO THE WAREHOUS

EVEIA'A OYER HECK
O F F IC IA L  COUNT R E P O R T E R



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5 3 9

AND THEY WERE GETTING INTO PROBLEMS SUCH AS 

SLEEPING AND THEY WERE COMING UNDER DISCIPLINARY 

ACTION WITH THE UNION. THESE GUYS WERE ACTUALLY 

OUTSIDE OF THEIR SMOKING JURISDICTION, BUT SOME 

M A N A G E M E N T  P E R SONNEL AND MYSELF, WE DECIDED -- 

I SAID, "THEY SHOULD HAVE ONLY ONE SMOKER IN THE 

FIRST PLACE, ONE CENTRAL SMOKER."

MR. CHAPMAN AS A RESULT OF THIS, HE FILED 

A GRIEVANCE AND WE EVEN HAD A SPECIAL MEETING 

AND TALKED WITH M A N A G E M E N T  P E R SONNEL AND SOME 

UNION PERSONNEL, AND WHAT IT BOILED DOWN TO, HE 

MADE THE STATEMENT THAT HE WANTED A SEPARATE 

SMOKER FOR HIS PEOPLE.

I TOLD HIM I WOULD NOT CONDONE AS LONG 

AS I WAS CHIEF STEWARD ANYTHING OF THIS NATURE.

Q WHAT WAS THE FINAL RESULT OF THE INCIDENT?

A WELL, THE WAY I UNDERSTAND IT, THEY CLOSED THE 

SMOKER DOWN FOR THOSE PEOPLE. THEY WOULD USE 

THE CENTRAL SMOKER.

Q THERE HAS BEEN SOME TESTIMONY, MR. HARRISON,

ABOUT A MEETING OF ONE SORT OR A NOTHER WHEREIN 

THE ISSUE OF DISCUSSION WAS THE UPGRADING OF 

WA R E H O U S E  LABORERS TO A LEVEL E Q U I VALENT TO THAT 

OF FORK LIFT OPERATORS. ARE YOU FAMILIAR WITH 

THAT?

EVELYN OVERHECK
OFF I CI AL  COUF T HKPOHTKK



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A DURING THE CONTRACT -- I BELIEVE THE LABORERS,

THEY C O N TENDED CERTAIN JOBS WHICH THEY DID 

WERE SKILLED ACTIVITIES. WHE T H E R  THEY WERE OR 

WERE NOT I C O U L D N ’T SAY. BUT I DON'T RECALL THAT 

OTHER THAN THE FACT DURING THE N E GOTIATIONS W H E 

THER OR NOT THIS WAS RESOLVED DURING NEGOTI A T I O N S  

AS A CONTRACT PROPOSAL.

Q THERE WAS SOME TESTIMONY ABOUT WHAT HAS BEEN

CALLED A SPEECH OR STATEMENT OF POSITION, POSSIBLY 

ON YOUR PART, ACTING AT THAT TIME AS CHIEF STEWARD 

CAN YOU STATE FOR US WHAT POSITION YOU TOOK AND 

WHAT POSITION YOU EXPRESSED?

A FRANKLY, I RECALL THEIR PROPOSALS. I RECALL IT AS 

AN EQUITY INCREASE. THEY D E SERVED AN EQUITY IN

CREASE OR A HIGHER RATE. I A D V OCATED THEY GET 

THIS ALONG WITH OTHER PROPOSALS.

Q IN THE COURSE OF YOUR REMARKS, MR. HARRISON, DID

YOU USE THE PHRASE THAT YOU DID NOT WANT TO HURT 

YOUR WHITE FRIENDS?

A I NEVER USED THAT PHRASE AS LONG AS I WAS CHIEF

STEWARD OR NOW OR ANY TIME.

Q HAVE YOU USED THAT PHRASE OR SOMETHING SIMILAR TO 

THAT IN ANY C O N V E R S A T I O N  WITH ANY BARGAINING E M 

PLOYEE?

A I NEVER HAVE.

E V E E Y E  O V E R  H E C K
O F F I C I A L  r o i l i n '  H K l - O H mi t

■ U : M / j

_______________________________________ 5 ^ 0



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5 4 1

Q ALL RIGHT. THERE HAS BEEN SOME TESTIMONY, MR. 

HARRISON, ABOUT AN ISSUE OF CERTAIN EMPLOYEES 

BEING ALLOWED TO QUIT WORK BEFORE 3:00 IN THE 

A F T ERNOON AND OTHER EMPLOYEES BEING REQUIRED TO 

WORK UNTIL 3:00. DO YOU RECALL WHE T H E R  OR NOT 

YOU HAD ANY C O NVERSATION WITH MR. CHAPMAN C O N 

CERNING THAT ISSUE?

A YES. THIS WAS A GRIEVANCE, AND THE COMPANY --

Q WELL, IF I MAY INTERRUPT YOU, DESCRIBE HOW IT

CAME TO BE A GRIEVANCE. WHAT WAS THE BACKGROUND?

A WELL, THE BA C K G R O U N D  BASICALLY, I BELIEVE THE

WAR E H O U S E  LABORERS CONTENDED THE FORK LIFT D R I V 

ERS, WHICH ARE PREDO M I N A N T LY  WHITE, THEY CONTENDED 

THEY WERE BEING ALLOWED TO QUIT AT A P P R O X I M A T E LY  

2:30 AND KNOCK OFF TIME WAS TEN MINUTES UNTIL THE 

HOUR. THEY WERE SAYING THEY WERE BEING ALLOWED TO 

KNOCK OFF SEVERAL MINUTES BEFORE THE LABORERS 

WERE PERMITTED TO KNOCK OFF.

Q NOW, WHO INITIATED THE GRIEVANCE ITSELF?

A I BELIEVE MR. CHAPMAN DID.

Q ALL RIGHT. WHAT ENSUED AFTER HE INITIATED THE 

GRIEVANCE?

A WE PURSUED THE GRIEVANCE. IT WAS HANDLED THROUGH 

THE COMMITTEE. THE COMPANY ANSWERED.

Q WAS THE GRIEVANCE ITSELF BROUGHT UP FOR D ISCUSS ION?
E V E L Y N  O V  Eli H E C K
OF F I C I A L  COUHT KF. FORT UK



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Q

A

Q

A

A YES, IT WAS. A LOT OF TIME WAS SPENT ON THIS.

Q DO YOU RECALL WHEN IT WAS FIRST BROUGHT UP?

A OH, I MEAN, IT WAS DURING MY TERM, BUT I COULDN'T 

SAY FOR SURE. WELL, I WOULD SAY BEFORE IT WAS 

FINALLY RESOLVED IT TOOK ABOUT THREE MONTHS, 

A P P R O X I M A T E L Y  THREE M O N T H S ,B E F 0 RE WE FINALLY R E 

SOLVED IT.

Q WAS THAT AN UNUSUAL LENGTH OF TIME FOR THE R E S O L U 

TION OF IT?

A YES, IT WAS.

Q WHAT CAUSED THIS EXTRA LENGTH OF TIME?

A I RECALL THE FIRST REASON, WE HAVE A SET TIME

FOR MONTHLY MEETINGS TO SETTLE GRIEVANCES. MR. 

CHA P M A N  WAS S U PPOSED TO BE THERE AND THE FIRST 

M E E T I N G  HE WAS NOT THERE.

WE ARE TALKING ABOUT THE GRIEVANCE HE FILED?

R I G H T .

WAS A LATER MEETING SET?

YES, THERE WAS. ACTUALLY, IT WAS THE NEXT MONTHLY 

MEETING. HE SAID, "NEXT TIME WE WILL HANDLE IT 

THEN."

Q WHAT TOOK PLACE THEN?

A MR. CHAPMAN WASN'T THERE. WE WAN T E D  HIM THERE.

PART OF THE G R I EVANCE WAS TWOFOLD, IT WAS ALSO 

ABUSIVE LANGUAGE. THERE'S TWO PARTS TO THE

5 ^ 2

E Y E I A ' S  O Y E K H E C K
OFFI CI Al .  COt IHT I t KF On r KK

6



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A

Q

A

Q

A

Q

A

Q

GRIEVANCE. WE W A N T E D  HIM THERE SO HE COULD ATTEST 

TO W H A T E V E R  THE PERSON SAID TO HIM.

BRIEFLY, WAS IT AN A L L E G A T I O N  THAT A SUPERVISOR 

HAD USED ABUSIVE LANGUAGE?

THAT'S CORRECT.

DID MR. CHAPMAN EVENTUALLY APPEAR?

WE SET UP A SPECIAL MEETING AND HE WAS THERE.

MR. HARRISON, FROM TIME TO TIME IS IT YOUR R E 

SPONSI B I L I T Y  TO PROCESS GRIEVANCES AS CHIEF 

STEWARD?

YES, SIR, THAT'S CORRECT.

COULD YOU GIVE THE COURT SOME IDEA OF THE FREOUENC' 

ON WHICH YOU PROPOSED GRIEVANCES ON BEHALF OF THE 

BA R G A I N I N G  --

TO BE CANDID I SPENT ABOUT S E VENTY-FIVE PER CENT 

OF MY TIME WITH BLACKS.

GIVE US SOME IDEA FIRST OF ABOUT HOW MANY GRIEVANCE 

IN TERMS OF W H A T E V E R  EMPLOYEES YOU PROCESSED?

SOME DAYS NONE, MAYBE SOME DAYS FIVE. SEVERAL 

ONE DAYS, AND --

YOU MIGHT HAVE FIVE SEPARATE GRIEVANCES IN ONE 

DAY?

IT IS POSSIBLE, THAT'S RIGHT.

DID YOU PROCESS GRIEVANCES ON BEHALF OF BOTH BLACK 

AND WHITE EMPLOYEES?

5 4 3

EVELYN OV Eli HECK
O F F I C I A L  COUR T REFOHTKR

G 2'S



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544

A YES, I DID.

} CAN YOU GIVE US SOME IDEA OF THE APPROXIMATE

P E R C ENTAGE OF GRIEVANCES YOU LODGED OR PURSUED 

ON BEHALF OF THE BLACKS?

A P P R O X I M A T E L Y  S E V E N T Y - F I V E  PER CENT, I WOULD SAY.

MR. WHEAT: PASS THE WITNESS.

THE COURT: MRS. MC DONALD.

CROSS E XAMINATION 

BY MRS. MC DONALD:

Q MR. HARRISON, AT THE TIME THAT YOU AP P O I N T E D  MR.

JOHNSON AS STEWARD OVER THE LABORERS IT IS YOUR 

TESTIMONY THAT THERE WERE SOME WHITES IN THAT 

GROUP, IS THAT CORRECT?

A THAT'S CORRECT.

Q HOW MANY WHITES WERE IN THAT GROUP AT THE TIME?

A OH, AT THE TIME THERE WEREN'T VERY MANY, I'D SAY

PROBABLY FOUR OR FIVE.

Q A P P R O X I M A T E L Y  HOW MANY BLACKS WERE IN THE GROUP

AT THE TIME?

A OH, I'D SAY A P P R O X I M A T E LY  E IGHTY-FIVE PER CENT.

Q PARDON?

A EIGHTY-FIVE, NINETY PER CENT WERE BLACKS IN THE

LABOR GROUP.

Q WHAT WAS THE TOTAL APPRO X I M A T E LY  OF THE LABOR

“ ~ E Y E L Y X  O Y E R  H E C K
O F F I C I A L  COUKT R E P O R T E R

GiM/J



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GROUP?

A YOU'RE TALKING ABOUT -- REMEMBER YOU HAVE TWO 

SEPARATE GROUPS, THE WA R E H O U S E  GROUP AND YARD 

AND J ANITOR GROUP.

Q THERE WERE FOUR OR FIVE WHITES IN THE YARD AND 

JANITOR GROUP WHEN MR. JOHNSON WAS A P P OINTED 

STEWARD.

A SEVERAL CAUCASIANS, YES.

Q HOW MANY BLACKS WERE THERE IN THE YARD OR JANITOR 

GROUP AT THE TIME?

A JUST GUESSING I WOULD SAY S E V E N T Y - F I V E , EIGHTY

PER CENT, WHICH WOULD BE PROBABLY T WENTY-FIVE OR 

THIRTY. I AM JUST APPROXIMATING.

Q NOW, WHAT YEAR WAS THIS?

A THIS WAS NOVEMBER OF '69 WHEN I BECAME CHIEF 

STEWARD.

Q SO THEN YOU FIRST AP P O I N T E D  MR. JOHNSON NOVEMBER

OF '69?

A THAT'S CORRECT.

Q CAN YOU RECALL WHETHER AS A GENERAL MATTER THE

FOUR OR FIVE WHITES WHO WERE IN THE JANITOR YARDMAN 

LABOR GROUP WERE AMONG THE YOUNGEST EMPLOYEES IN 

THE LABOR GROUP?

A THE YOUNGEST SENIORITY, YES.

Q AND IS IT GENERALLY THE CASE THAT WHEN YOU APPOINT

U V K I A ' A  O V i m i i K C K
O F F I C I A L  Cl I t ' l / T  UK POUTER

6 2 M

_________________________________ 5 ^ 5



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A STEWARD YOU CHOOSE A MAN THAT HAS BEEN THERE -- 

A WHO HAS QUALIFIED, THAT'S CORRECT.

Q A MAN WHO HAS BEEN THERE FOR A RELATIVELY LONG 

PERIOD OF TIME, IS THAT TRUE?

A AND KNOWS THE CIRCUMSTANCES. THAT IS TRUE.

Q NOW, WITH RESPECT TO THE SMOKING AREA IS IT YOUR

T E S TIMONY THAT THE SMOKING AREA THAT THE LABORERS 

AT ONE TIME HAD WAS CLOSED DOWN AND THEN THEY HAD 

TO USE THE CENTRAL SMOKING AREA?

A THAT IS THE WAY WE LEFT IT. IT WAS SUPPOSED TO 

BE CLOSED AND ALL PEOPLE WOULD USE ONE CENTRAL 

SMOKER.

Q HOW FAR IS THE LABOR DEPARTMENT WHERE THE LABORERS 

WORK, HOW FAR IS THAT FROM THE CENTRAL SMOKING 

AREA?

A THE WA R E H O U S E  LABORERS?

Q W A R E H O U S E  AND JANITORS.

A THIS SMOKING WE ARE TALKING ABOUT IS PRIMARILY 

FOR WA R E H O U S E  PERSONNEL.

Q NO, THAT ONE WAS CLOSED.

A RIGHT.

Q NOW, WHERE WAS THE CENTRAL SMOKING AREA, HOW FAR 

FROM THIS AREA?

A I WOULD SAY THE W A R EHOUSE RUNS A P PROXIMATELY, OH,

FIVE OR SIX CITY BLOCKS. THE C E N TRAL SMOKER________
E V E L Y N  O Y E H H E A ' K
OFF I CI AL  COUR T R F . r o KT KR

____ _________________________________________________________________ ___ _______________________ 5 ^ 6



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IS

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54 7

IS RIGHT IN THE MIDDLE, A P P R O X I M A T E LY  IN THE 

MIDDLE. IT IS MOST FEASIBLE FROM EITHER END.

NOW, IS IT TRUE, MR. HARRISON, THAT SOME OF THE 

UNION MEMBERSHIP, P A R TICULARLY THE LEADERSHIP 

IN THE UNION, FELT THAT THE BLACK EMPLOYEES WERE 

MEETING, THAT IS, BLACK EMPLOYEES FROM THE P R O 

DUCTION DEPARTMENT, WERE MEETING WITH THE BLACK 

EMPLOYEES FROM THE LABOR DE P A R T M E N T  IN AN EFFORT 

TO ORGANIZE, TO COMPLAIN ABOUT THE LACK OF R E P 

R E S E N T A T I O N  BY THE UNION?

\ I DON'T KNOW. I THINK ABOUT THE FIRST TIME I HEARD

ABOUT B I - RACIAL COMMITTEES WAS A MONTH AGO AFTER 

I LEFT THE CHIEF STEWARD JOB.

1 WAS THAT ONE OF THE C O N S I D ERATIONS FOR THE CLOSING

OF THE SMOKER IN THE LABOR AREA, THAT BLACKS IN 

THE P R O D UCTION WERE COMING INTO THE SMOKER IN 

THE LABOR GROUP AND THEY WERE M EETING TOGETHER?

A IT WAS A SECONDARY REASON. I DIDN'T WANT S E G R E 

GATED SMOKERS AT GOODYEAR.

Q Y O U W E R E  EMPLOYED A P P R O X I M A T E LY  1955, IS THAT 

CORRECT ?

A THAT'S CORRECT, D E CEMBER OF '55.

Q YOU ARE WHITE, IS THAT CORRECT?

A THAT'S CORRECT.

Q WERE YOU EMPLOYED. INITIALLY IN THE PRODUCTION

EVELYN ()Yb;RlU<:('lC~
O F F I C I A L  c o r n e r  RKR OR T R R

(>27/9



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DEPARTMENT?

A THAT'S CORRECT.

Q WHAT JOB DID YOU FIRST ENTER?

A SACKER, BALER HELPER.

Q YOU PROMOTED UP TO WH E R E Y O U  ARE NOW?

A THAT'S CORRECT.

Q WHAT ARE YOU MAKING PER HOUR?

A FOUR NI N E T Y - T W O  ON DAYS.

MR. WHEAT: O B J ECTION TO

THIS GENERAL LINE OF INQUIRY AS BEING 

OUTSIDE THE SCOPE OF DIRECT EXAMINATION.

THE COURT: I WILL PERMIT IT.

Q AFTER 1957, MR. HARRISON, DID YOU RECEIVE ANY 

PROMOTION TO A HIGHER PAYING JOB?

A AFTER '57?

Q YES .

A THE FINISH AREA OPERATORS, I WAS FIRST PROMOTED IN 

'57 TO BALER O PERATOR AND I RECEIVED THE O P E R A T O R ’S 

PAY. I DON'T RECALL THE AMOUNT. SINCE THEN I 

WENT TO WHAT THEY CALL REACTOR AND THE P O L Y M E R I Z A 

TION AREA.

Q WHAT I'M ASKING YOU IS ARE YOU ON THE SAME LEVEL 

IN TERMS OF THE JOB THAT YOU HOLD NOW AS YOU WERE 

IN 1957 OR HAVE YOU RECEIVED PROMOTIONS AFTER 

1 9 57 ?

E V E L Y N  O V E R  H E C K
OF FI (’I \L ('livin' KK Filin'F.U

____________________ 5 ^ + 8 ____________



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5 ^ 9

A I AM ON THE SAME LEVEL AS I WAS IN 1957, THAT 

CORRECT.

Q WHAT JOB WERE YOU ON IN 1957? i

A BALER OPERATOR.

Q AND WHAT JOB DO YOU HAVE NOW?

A I AM A FINISHING AREA RELIEF OPERATOR.

Q ISN'T THAT D I F FERENT THAN A BALER OPERATOR?

A I WORK BALERS, I WORK DRIERS, I WORK COAGULATION,

WHEN MEN ARE OFF I RELIEVE THEM.

Q BALER O PERATOR MAKES FOUR SIXTY- F O U R  AT PRESENT?

A A BALER O P ERATOR MAKES THE SAME THING.

Q WERE YOU TESTED, DID YOU HAVE TO TAKE ANY TESTS 

WHEN YOU WERE FIRST HIRED?

A IN *55 I TOOK A KIND OF TEST.

Q HAVE YOU BEEN REQUIRED TO TAKE ANY TESTS SINCE

1957 TO STAY ON THE JOB?

A I HAVE TAKEN NO TYPE OF TESTS WITH THE EXCEPTION

OF THE VALIDA T I O N  TEST. ONE TIME I TOOK THAT 

TEST. THEY WERE TRYING TO VALIDATE THEIR SYSTEM.

I DID TAKE THOSE TESTS AT ONE TIME.
I

Q ON THAT TEST IT DIDN'T MAKE ANY DI F F E R E N C E  W HETHER
j

YOU PASSED OR FAILED, YOU WERE STILL GOING TO 

KEEP YOUR JDB ?

A OUTSIDE PEOPLE HAD THE EXAM, TRYING TO VALIDATE 

THEIR SYSTEM OF TESTING.

E V E L Y N  O V E R H E C K
O FF I C I A L  COUR T R E P O R TE R

62!)/?



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5 5 0

Q IS IT YOUR U N D E R S T A N D I NG  IT DIDN'T MAKE ANY
I

DIFFER E N C E  WHE T H E R  YOU PASSED OR FAILED THE TEST?
1

A IT HAS NO BEARING ON IT, THAT'S RIGHT.

Q AS CHIEF STEWARD AT THE GOODYEAR PLANT W O ULD YOU 

AGREE WITH ME THAT THERE WAS A GENERAL RELUCTANCE 

ON THE PART OF EMPLOYEES TO TRANSFER FROM A GROUP 

IF THEY WERE GOING TO FORFEIT THEIR SENIORITY 

IN THEIR HOME GROUP AFTER TWO YEARS.

A DURING MY TIME AS CHIEF STEWARD WE GOT INTO OUR

C ONTRACT PROTECTION FOR THE PEOPLE WHO T R A N S F E R R E D  

FROM ONE GROUP TO ANOTHER. PRIOR TO THAT THEY 

WOULD LOSE SENIORITY UP TO TWO YEARS. AFTER TWO 

YEARS THEY'D LOSE IT.

PRESENTLY A PERSON WHO ACTUALLY HAS 

DOUBLE SENIORITY HAS DOUBLE PROTECTION. IF HE 

LOSES A GROUP HE NEVER LOSES THE SENIORITY. IN 

THE EVENT OF A LAYOFF HE WILL BE PROTECTED.

Q THAT IS THE CURRENT CONTRACT?

A THAT IS THE 1970 CONTRACT.

Q PRIOR TO THE CURRENT CONTRACT YOU WOULD LOSE YOUR

SENIORITY AFTER TWO YEARS IF YOU TRANSFERRED, IS 

THAT RIGHT?

A THAT IS WHAT I UNDERSTOOD.

Q IN YOUR OPINION AS F.X-CHIEF STEWARD WOULD YOU AGRE

WITH ME THAT THERE WAS A G ENERAL RELUCTANCE ON

E Y  E L Y  S '  ( ) Y  E l !  B E C K
O F F I C I A L  COUR T RKR OR T R R

■- 6,‘iOrt



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5 5  1

THE PART OF EMPLOYEES AT G O ODYEAR TO TRANSFER 

FROM ONE DIVISION TO THE OTHER PRIOR TO THE C U R 

RENT CONTRACT?

A YOU SAY GENERAL, BUT THE FIRST THING THESE PEOPLE 

LOOK AT IS THE GREAT INCREASE IN PAY. YOU SAY 

G E N E R A L  -- I'LL BE LOOKING AT THE MONEY, THE 

FIRST THING. SECONDLY, I'LL BE LOOKING AT THE 

S E N IORITY SECURITY. BOTH OF THEM WOULD PROBABLY 

BE A FACTOR.

Q IS IT TRUE THAT THE EMPLOYEES IN THE PRODUCTION

D E P A R T M E N T  WOULD GENERALLY THEREFORE HAVE LESS 

OF A DESIRE TO TRANSFER BECAUSE YOU SAY YOU LOOK 

AT THE MONEY FIRST AND THAT IS THE HIGHEST PAYING 

D E P A R T M E N T ?

A THE SACKERS MAKE MUCH LESS THAN OTHER DEPARTMENTS.

Q OTHER THAN THAT JOB, ONCE THE ̂ SACKER HAS GONE 

ABOVE BALER O P ERATOR IS IT TRUE HE MAKES MORE 

THAN THE H IGHEST PAYING JOB IN THE LABOR D E P A R T 

MENT WITH THE E X C EPTION OF TWO JOBS?

A YES .

Q NOW, W O ULD YOU AGREE WITH ME AS A GENERAL MATTER 

THE PERSON EMPLOYED IN THE PRODUCTION D E P A R T M E N T  

WOULD HAVE LESS OF AN INCENTIVE TO TRANSFER TO 

ANOTHER D E P A RTMENT THAN A PERSON E MPLOYED IN THE 

LABOR DEPARTMENT?

E V E L Y N  O V E E B E C K



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5 5 2

MR. WHEAT: OBJECTION. YOUR

HONOR, WE FEEL THAT COUNSEL HAS GONE 

COMPLETELY OUTSIDE THE SCOPE OF OUR 

DIRECT EXAMIN A T I O N  AND IS NOW ASKING 

THE WITNESS TO VOICE OPINIONS ON THE 

MATTERS THAT HAVE NOTHING TO DO WITH 

THE TESTIMONY WE OFFERED. WE HAVE NO 

O B J E C T I O N  TO MRS. MC DONALD CALLING 

THIS OR ANY OTHER EMPLOYEE AS HER OWN 

WITNESS, BUT THIS LINE OF INQUIRY HAS 

N OTHING TO DO WITH THE TESTIMONY MR. 

HARRISON HAS PRESENTED ON DIRECT.

THE COURT: I THINK SHE IS

A T T E M P T I N G  TO ASSESS HIS OPINION AS 

CHIEF STEWARD IN THE JOB HE HELD BASED 

ON WHAT HE OBSERVED.

I WILL PERMIT THE QUESTION.

Q DO YOU REMEMBER MY QUESTION?

A YES. IT DEPENDS ON WHAT DEPART M E N T  Y O U ’RE GOING 

INTO. PERSONALLY, IF I HAD AN OPPORT U N I T Y  TO GO 

TO UTILITIES I WOULD JUMP ON IT IN A MINUTE B E 

CAUSE OF THE QUALITY OF THE JOB.

Q NOW, WOULD YOU AGREE WITH ME THEN -- SO YOUR 

ANSWER IS NO -- THAT GENERALLY AN EMPLOYEE IN

THE P R O D UCTION DEPART M E N T  DOES NOT HAVE --

E V F L Y S  O Y  E l !  H E C K
O F F I C I A L  r a U H T  KF.FOUTF.K

• m m



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5 5 3

A MY ANSWER WAS IT DEPENDS ON WHAT D E P A RTMENT HE

i
W O ULD BE TRYING TO TRANSFER TO. I

Q IS IT TRUE A PERSON IN THE LABOR D E P A R T M E N T , ' W I T H

THE E X C EPTION OF TWO JOBS, HAS GOT TO GO UP WHEN 

HE TRANSFERS IN TERMS OF PAY?

A YES .

Q NOW, IF AN EMPLOYEE IN THE PRODUCTION DEPARTMENT,

ON THE TOP JOB, TRANSFERS, IS THERE ANY DEPART M E N T  

THAT HE TRANSFERS TO TO MAKE MORE MONEY?

A UTILITIES, CHEMIST.

Q ARE THERE ANY OTHER DEPARTMENTS?

A UTILITIES, CHEMIST --

MR. WHEAT: YOUR HONOR, IF

THE WITNESS IS GOING TO BE QU E S T I O N E D  

ABOUT PAY RATES WHICH ARE ALREADY IN 

EVIDENCE MAY WE ALLOW HIM TO HAVE B E 

FORE HIM THE SCHEDULE?

MRS. MC DONALD: YOUR HONOR,

I D O N ’T HAVE ANY MORE QUESTIONS IN THIS

i
AREA.

I
THE COURT: YES, HE CAN

I

HAVE THE BENEFIT OF THE RATES IF THERE 

ARE ANY QUESTIONS IN HIS MIND WHAT THEY 

WERE .

MR. WHEAT: WE WILL PERMIT

e v h l y k  O V E R H E C K
D F b i r i M , COURT R E P O R T E R

■-6 j;s/j



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554________i________

THE CONTRACT WHICH IS IN EXHIBIT AND
I

SPEAKS FOR ITSELF AS TO THE PAY SCALES.

THE COURT: I THINK THAT IS

TRUE. MR. WHEAT, WE WILL CERTAINLY 

LOOK AT THE WAGE RATES IN THE AGREEMENT. 

Q (MRS. MC DONALD) NOW, MR. HARRISON, YOU TESTIFIED

A P P R O X I M A T E L Y  S E V E N T Y - F I V E  PER CENT OF YOUR TIME 

WAS SPENT P R O C ESSING GRIEVANCES FOR BLACKS, IS 

THAT CORRECT?

A YES, THAT'S CORRECT.

Q THE TOTAL NUMBER OF GRIEVANCES YOU PROCESSED, IS

THAT CORRECT?

A YES, MA'AM, THAT'S CORRECT.

Q WHAT PERCENTAGE OF THE GRIEVANCES THAT YOU P R O 

CESSED, IF YOU KNOW, WERE PROCESSED SUCCESSFULLY?

A OH, I WOULD SAY THE SUCCESS RATIO PROBABLY WOULD 

BE ABOUT TWO OR THREE OUT OF TEN.

Q FOR WHAT PERIOD OF TIME WERE YOU CHIEF STEWARD,

MR. HARRISON?

A FROM NOV E M B E R  OF '69 UNTIL SEPTEMBER OF '71.

Q MR. HARRISON, ARE YOU FAMILIAR WITH THE INCIDENT
I

ABOUT WHICH T H E R E ’S BEEN TESTIMONY, AND I THINK 

YOU HAVE BEEN IN THE COURTROOM, CONCERNING MR.

MC ELROY WHO WAS A WHITE EMPLOYEE IN THE LABOR 

DEPARTMENT?

E V E L Y X  O Y E E H E X ' K  ~
O F F I C I A L  COUR T R E P O R TE R

S 3  ift



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5 5 5

A

Q

A

Q

A

I KNOW OF HIM, YES.

ARE YOU FAMILIAR WITH THE GRIEVANCE THAT W <̂ S 

FILED CONCERNING THE JOB THAT MR. LONNIE BROWN 

WAS ON THAT WAS TAKEN BY MR. MC ELROY?

NOW, WHAT WAS THE DATE OF THIS, A P P R O X I M A T E LY ?

I ’M NOT CERTAIN OF THE DATE. ARE YOU FAMILIAR 

AT ALL WITH THAT INCIDENT?

NOW, MR. BROWN HAS BEEN IN PRODUCTION FOR SOMETIME, 

I ’M NOT SURE JUST HOW LONG, BUT MC ELROY, I R E 

M E M B E R  HE WAS PUT IN THE LABOR GROUP AND TOOK 

THE TRUCK DRIVING JOB. I AM FAMILIAR WITH THAT.

I AM NOT FAMILIAR WITH THIS LONNIE BROWN-MC ELROY 

GRIEVANCE. I'M NOT FAMILIAR WITH IT.

MRS . MC DONALD: NOTHING FUR

THER .

THE C O U R T : MR . B U R C H .

MR . B U R C H : NOTHING, YOUR

H O N O R .

REDIRECT E XAMINATION

BY MR. WHEAT:

Q MR. HARRISON, THERE MIGHT BE SOME CONFUSION ABOUT 

WHAT YOU MEANT BY SUCCESSFUL, OR WHAT COUNSEL 

MEANT BY SU C C E S S F U L  IN TERMS OF PROSECUTING 

WOULD YOU GIVE US SOME IDEA OF

E V E I A ' A  o v e e e e c k

O F F I C I A L  COUR T R E F O R TR R

G  3!5fl

G R I E V A N C E S .



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5 5 6

WHAT SUCCESS YOU DID MEET WITH IN PROSEC U T I N G  

GRIEVANCES ON BEHALF OF BLACK EMPLOYEES AND WHAT 

YOU MEANT WHEN YOU TESTIFIED YOU WERE SU C C E S S F U L  

TWO OR THREE TIMES OUT OF TEN?

A WELL, FIRST OF ALL, MANY OF YOUR GRIEVANCES REALLY 

C O N T R A C T U A L LY  HAVE NO FOUNDATION. IN OTHER WORDS, 

THE CO N T R A C T  ITSELF INVALIDATES THE V ALIDITY OF 

THE GRIEVANCE.

Q WELL, IF I MAY INTERRUPT, DO YOU MEAN THAT THE

EMPLOYEE INVOLVED MAY BE COMPLA I N I N G  OF SOMETHING 

THAT IS NOT PARTIC U L A R L Y  SET FORTH IN THE CONTRACT }

A IT IS POSSIBLE SOM E T H I N G  WOULD COME OUTSIDE OF

THE CONTRACT AND IT WOULD BE SUBJECT TO GRIEVANCE, 

YES .

Q GO AHEAD.

A BUT BASICALLY THE FIRST G R I EVANCE I EVER HANDLED 

WAS WHEN MR. VAUGHAN RETIRED AS CHIEF STEWARD 

WAS A BLACK M A N ’S GRIEVANCE, AND WE R E C OVERED 

EIGHT HOURS' PAY.

Q WHAT WAS HE SEEKING?

A EIGHT HOURS' PAY FOR BEING BYPASSED ON OVERTIME.

Q NO DOUBT THAT WOULD BE CONSIDERED A S U C C ESSFUL 

GRIEVANCE?

A YES. WHEN YOU GET THE MONEY THAT IS SUCCESSFUL.

CAN YOU GIVE US FURTHER IDEAS ON THE DEGREE OF

E V E L Y S  ( ) V  E E  H E C K  
o f f i c i a l  c o r i n '  h e  r o a r  e h

Q



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5 5 7

SUCCESS YOU MET WITH IN PROCESSING GRIEVANCES?

A MANY. MANY OF THEM WERE SUCCESSFUL, SOME IN WHICH 

A C TUALLY CONTR A C T U A L LY  WE IN MY OPINION WOULD 

HAVE LOST IF IT HAD GONE THROUGH ARBITRATION,

BUT WE WERE ABLE TO COMPROMISE WITH M A N A G E M E N T  

AND GET WHAT I FEEL SOMETIMES THEY ALLOWED US 

COMPRO M I S E  AND R ETAINED PEOPLE WHO WOULD NEVER 

BE ABLE TO COME BACK, AND THE BLACKS I AM R E F E R 

RING TO SPECIFICALLY.

WOULD YOU CLASSIFY THAT AMONG THE SUCCESSFUL 

G RIEVANCES?

I WILL NAME ONE, MR. CHARLES SMITH. THE CONTRACT 

STATES HE WAS ABSENT BEYOND THE LENGTH OF A PAY 

PERIOD AND THEREFORE AUTOMAT ICALLY CROPPED FROM 

THE PAYROLL UNLESS H E ’S BEEN INJURED AND CANNOT 

CONTACT AND REPORT OFF.

DO YOU MEAN AN U N E X P L A I N E D  ABSENCE FROM THE JOB 

FOR MORE THAN A PAYROLL PERIOD?

THAT'S CORRECT, AND THEN THIS MAN WAS GONE FOR 

THIS LENGTH OF TIME. C O N T R A C T U A L LY  WE KNEW WE 

COULD NOT WIN AN ARBITRATION. SO IF M A N A G E M E N T
I

STOOD THEIR GROUND THEY COULD HAVE UPHELD THE 

DI S C H A R G E  IN ARBITRATION. THE COMPROMISE WAS 

HE WOULD COME THROUGH, COME BACK AS A NEW E M 

PLOYEE AND IF HE MADE IT AND WAS IN GOOD SHAPE

F V F I A ’X  O Y F R H F C K
O F F I C I A L  COUR T UKPOKTKR

iuY/fi



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5 5 8

HE WOULD BE R E I N STATED FULLY AFTER THE NINETY

I
DAYS. j

Q WHAT WAS THIS FELLOW'S NAME AGAIN?

A CHARLES SMITH.

Q IS HE A BLACK EMPLOYEE OR WHITE?

A BLACK.

Q ALL RIGHT. LET ME ASK YOU THIS: IS IT A PRACTICE

OR POLICY OF CHIEF STEWARD TO COMPROMISE GRIEVANCES 

IN THE MANNER THAT IS U N S A T I S F A C T OR Y  TO THE IN

VOLV E D  EMPLOYEE?

A WHEN I WAS CHIEF STEWARD I ALWAYS -- THE INDIVIDUAL 

INVOLVED CAUSES THE ONE THAT WAS R ESPONSIBLE OR 

SU F F E R E D  THE C O N SEQUENCES -- IF HE RECEIVED THE 

BENEFITS, IF IT WAS GOOD I LET HIM MAKE THE 

FINAL DECISION.

Q WAS THAT A POLICY?

A THAT WAS MY POLICY AND THAT WAS THE POLICY OF JUST

ABOUT SIX CHIEF STEWARDS I KNOW.

Q DID YOU FOLLOW THAT POLICY?
i

A THAT'S CORRECT.

Q IN EACH OF THE G R I E VANCES THAT YOU PURSUED?

A IN SOME GRIEVANCES WHERE IT WAS OBVIOUSLY NO BASIS,

FOR EXAMPLE, A MAN WAS A U TOMATICALLY, FOR INSTANCE 

A SHIFT TRADE, THE CONTRACT GIVES THE S U P E RVISOR

THE P REROGATIVE OF REFUSING A PERSON TO TRADE

E Y E L Y X  O Y E E H E C K
OF F I C I A L  C O V E T  HKPOKTER



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SHIFTS. THE C ONTRACT IS IN PLAIN LANGUAGE.

THE D I S A G R E E M E N T  WOULD BE -- MANY PEOPLE YOU 

CAN'T EXPLAIN THINGS TO THEM OR C A N ’T TALK TO 

THEM.

Q LET ME ASK YOU THIS, MR. HARRISON: DID YOU EVER

CO M P R O M I S E  OR SETTLE A GRIEVANCE FILED ON BEHALF 

OF THE EMPLOYEES OVER THE EMPLOYEES' OBJECTION?

A LET ME SAY THIS, THEY WOU L D N ' T  AGREE TO IT.

Q BY THAT DO YOU MEAN THAT YOU WOULD LEAVE THE FINAL

DECISION TO THEM?

A THAT'S RIGHT. IN OTHER WORDS, I TRIED TO GIVE

THEM THE BAD ASPECTS, THE GOOD ASPECTS, THE C O N 

SEQUENCES HE MAY GET FURTHER ON. I SAY, "THE 

DE C I S I O N  IS YOURS. IF YOU WANT TO PURSUE IT 

FURTHER WE WILL GO FURTHER."

Q W H A T E V E R  THE GRIEVANCE MIGHT HAVE BEEN AT SOME 

LEVEL BELOW AR B I T R A T I O N  IT WAS S A T I S F A C T O R Y  TO 

THE EMPLOYEE INVOLVED AFTER HAVING BEEN EXPLAINED 

THE P ROBABILITY OF SUCCESS IN ARBITR A T I O N ?

A THAT'S CORRECT.

Q DID YOU PURSUE SOME GRIEVANCES FILED ON BEHALF 

OF BLACK EMPLOYEES ALL THE WAY TO ARBITRATION?

A YES .

Q COULD YOU IDENTIFY ONE OR TWO OF THOSE FOR US?

A MR. JOE LONG, WHICH WAS THE FIRST GRIEVANCE I

E V E L Y N  O Y E R  B E C K
OF F I C I A L  COUR T R E P O R TE R

- 63!)



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EVER HANDLED. WE HANDLED HIS G R I EVANCE TO A R B I 

TRATION, WHICH WE LOST IN ARBITRATION.

Q ALL RIGHT. LET'S TAKE THE LONG AR B I T R A T I O N  CASE, 

AND GIVE US SOME IDEA OF WHAT THE FACTS WERE IN 

THAT CASE?

A I CALLED BUSINESS R E P R E S E N T A T IV E  AND HE CAME TO

THE PLANT WHEN MR. LONG WAS DISCHARGED. THEY HELD 

A SPECIAL MEETING WHICH WE GENERALLY DO ON D I S 

CHARGE. WE TRIED TO GET THE BUSINESS R E P R E S E N T A 

TIVE OUT IMMEDIATELY AND GET THE MEAT OF IT I M M E 

DIATELY .

THEY DI S C H A R G E D  MR. LONG. WE CALLED 

MR. LONG WITH THE SPE C I A L  MEETING, AND MR. JONES 

AND I C O N FERRED WITH MR. LONG AND WE THOUGHT HE 

HAD TOLD US THE ENTIRE STORY. W H E N  WE GOT IN 

WITH M A N A G E M E N T  THEY IMMEDIATELY PULLED THIS 

P E R SONNEL FILE WHICH INCLUDES HIS A T T E N D A N C E  AND 

TARDINESS RECORD. THE MAN HAD TOLD US THE YEAR 

PRIOR TO THE YEAR IN WHICH WE WERE IN, I BELIEVE 

THIS WAS 1970 -- IN *69 HE SAID HE DID HAVE A 

Q U E S T I O N A B L E  A T T E N D A N C E  RECORD AND TARDINESS 

RECORD. BUT HE TOLD US HE HAD A GOOD RECORD IN 

' 70 .

WE WERE GOING THERE WITH THE APPROACH 

THAT THE MAN HAD PERHAPS S O M ETHING TO BE DESIRED

E V E L Y N  O V E R H E C K
OFFICIALj COUR T RKCORTKR

( H O / ?



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IN THE ATTENDANCE RECORD PREVIOUSLY, BUT WE CAME 

IN THERE WITH THE POSITION THE MAN HAD IMPROVED 

AND THEREFORE HE D ESERVED SOME KIND OF C O N S I D E R A 

TION BY R E I N S TATING HIM. WE GOT IN THERE AND 

MR. VAN OS DAL L AND MR. BOSLEY PULLED THE PERSONNEL 

RECORD AND THE MAN HAD ABOUT TWELVE OR FIFTEEN,

I WOULD SAY TWELVE OR FIFTEEN ABSENTEES, AND HE 

ALSO HAD I WOULD SAY A P P R O X I M A T E LY  EIGHT OR TEN 

LATES ON HIS P E R SONNEL RECORD, AND THIS KIND OF 

THREW US OFF.

IMMEDIATELY WE WENT INTO CONFERENCE AND 

WE SAW THE MAN HAS A TERRIBLE ABSENTEE RECORD AND 

IS LATE. WE TRIED TO WORK OUT A COMPROMISE OF 

A WEEK'S DISCI P L I N A R Y  ACTION WHICH WAS IN MY 

OPINION MILD C O N S I DERING THE SITUATION. THE C O M 

PANY WOULD NOT ACCEPT OUR COMPROMISE, AND THEY 

SAID, "WE STILL HOLD THE POSITION THIS MAN IS 

D I S CHARGED." THEREFORE, WE HAD TO PURSUE IT TO 

ARB ITRATI ON.

Q MR. HARRISON, I SHOW YOU WHAT HAS BEEN MARKED 

FOR I D ENTIFICATION AS UNION'S EXHIBIT 6.

A THIS APPEARS TO BE THE BRIEF OF THE JOE LONG D I S 

CHARGE.

0 BY BRIEF, DO YOU MEAN THE AR B I T R A T O R  -- DOES THAT 

INCLUDE THE ARBITR A T O R ' S  DECISION?

E Y E E Y X  O Y E E  H E C K
OFFK' I W. I ’O I ' l / r  HKFOl iTKR

6 4 i 7 ?

5 6  1



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A

Q

A

Q

A

Q

A

Q

_______________________________ ______________________ __________________________________________________________________•________________________56  3

A T T E M P T I N G  TO CARRY EVERY GR I E V A N C E  THROUGH |t h E
I

A R B I T R A T I O N  PROCESS? j

IT W O ULD BE CO M P L E T E L Y  CHAOS. AS A MATTER OF FACT, 

THE UNION COULDN'T AFFORD IT BECAUSE BOTH PARTIES 

SHARE THE BURDEN AND EXPENSE OF THE ARBITRATION. 

WOULD YOU GIVE US SOME IDEA FOR THE RECORD THE 

A P P R O X I M A T E  EXPENSE OF PURSING THE CASE ALL THE 

WAY THROUGH A R BITRATION?

THE LAST ONE I BELIEVE WAS 1,000, $1200 FOR 

THIS ONE PARTICULAR ARBITRATION. THE UNION AND 

THE COMPANY SHARED THE EXPENSE.

THAT IS THE EXPENSE JUST FOR THE A RBITRATOR?

YES, THAT IS JUST FOR THE ARBITRATOR.

ALL RIGHT. IN ADD I T I O N  TO THAT WOULD THERE BE 

OTHER FEES INVOLVED IF AN ATTORNEY WAS ENGAGED TO 

PROCESSTHE A R B I T R A T I O N  ON BEHALF OF THE UNION AND 

PERHAPS THE RENTAL OF SPACE?

THAT'S CORRECT, PLUS LOSS OF TIME OF EMPLOYEES,

AND SO FORTH, THAT'S CORRECT.
I

ALL RIGHT.

MR. WHEAT: I BELIEVE, YOUR

HONOR, I HAVE NO FURTHER QUESTIONS. 

THAT IS ALL.

THE COURT:

TIONS ?

EVEIA'A 0 1 REBECK
O F F K ' I A L  r n U K T  UEl ' Ol iTER

G  4  3  ft

ANY FURTHER QUES-



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5 6 4

RECROSS EXAMIN A T I O N

BY MRS. MC DONALD: I

Q JUST A COUPLE OF SHORT QUESTIONS, MR. HARRISON.

IF THERE IS NO CONTRA C T U A L  BASIS FOR 

A G R I EVANCE THEN IS IT TRUE THAT THE UNION G E N 

ERALLY DOES NOT WITHIN THE GR I E V A N C E  -- DO YOU 

U N D E R S T A N D  WHAT I MEAN -- GENERALLY A PERSON 

FILES A GRIEVANCE?

A GENERALLY, YES. ITEMS OTHER THAN CONTRACT ARE

SUBJECT TO GRIEVANCE. OTHER ITEMS EXCEPT IN THIS 

CO N T R A C T  COULD BE SUBJECT TO GRIEVANCE.

Q G E N ERALLY WHAT THE GR I E V A N C E  IS, IT SAYS SOMETHING 

IS H A P P E N I N G  TO HIM IN VI O L A T I O N  OF THE CONTRACT, 

IS THAT CORRECT?

A GENERALLY, YES.

Q DURING THE TIME YOU WERE CHIEF STEWARD ARE YOU

F A MILIAR WITH THE E D U C A T I O N A L  AND T ESTING R E Q U I R E 

MENTS THAT THE COMPANY WAS USING?

A WE HAVE HAD SOME HEAD KNOCKING REGARDS THAT, THAT 

IS TRUE.
I

Q NOW, WAS THAT A PRACTICE THAT WAS IN VIOLATION

OF THE CONTRACT OR DID THE CONTRACT JUST NOT SPEAK 

ON IT?

A ANY TIME I BROUGHT UP ABOUT THESE REQUIREMENTS

WITH U N J U S T I F I E D  M A N A G E M E N T  RESORTED TO A CLAUSE

E Y E L Y X  O V E R  H E C K .
O F F I C I A L  COUR T RKVOHTKR

G'M/?



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5 6 5

IN THE CONTRACT THAT SAID "WE RESERVE THE RIGHT 

T.O HIRE, PROMOTE, QUALIFY, ET CETERA."

Q SO IF A PERSON HAD FILED A G R I EVANCE AND CHALLENGE ) 

THE HIGH SCHOOL AND TESTING REQUIREMENTS DURING 

THE TIME YOU WERE CHIEF STEWARD -- 

A I WOULD HAVE HANDLED IT, YES.

Q THEN IT WOULD HAVE BEEN YOUR DECISION AT LEAST 

THAT THESE E D U C A T I O N A L  REQUIREMENTS WERE NOT IN 

V I O L A T I O N  OF THE CONTRACT, IS THAT CORRECT?

A WELL, IF I KNEW THE JOB, I FELT LIKE PERSONALLY -- 

IF THESE JOBS WERE NOT EVEN RELATED TO THESE 

E D U C A T I O N A L  R E QUIREMENTS I WOULD LET THEM KNOW 

ABOUT IT, YES.

Q DURING THE TIME THAT YOU WERE CHIEF STEWARD DID

ANY ONE FILE A GRIEVANCE CHALLENING THE E DUCATIONAL 

AND TEST REQUIREMENTS?

A FILED A G R I EVANCE PER SE, NO.

Q DID THEY COMPLAIN TO YOU ABOUT IT?

A VERBALLY, YES.

Q WERE THESE EMPLOYEES WHITE OR BLACK?

A THERE WERE SOME WHITES BUT P R E D OMINANTLY BLACK.

Q WHAT WERE THEY COMPLA I N I N G  OF?

A THEY FELT LIKE, WELL, THEY HAD THE S.R.A. AND

W O N D E R L I C H  TESTS AND THE PEOPLE WOULD TAKE THE

TEST AND SOMEONE WANTED TO TAKE THE TEST AGAIN.

MV ELY X TivERHECK 
o k k i c i  M  c o r i n '  a  K i n  k t k k

■ (Ylijff



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5 6 7

NOT IT W O ULD HAVE BEEN ANY GOOD FOR 

A PERSON TO FILE A GRIEVANCE.

MR. BURCH: YOUR HONOR, THAT

IS PURELY SPECULATIVE.

THE COURT: I'M GOING TO

PERMIT HER TO OBTAIN AN ANSWER, IF HE 

K N O W S .

A IN MY LAYMAN'S OPINION I WOULD SAY IT WOULD HAVE 

BEEN VERY WELL FOR A PERSON TO WRITE A FORMAL 

GRIEVANCE. I THINK ANYONE SHOULD HAVE DONE THAT 

IF HE FELT LIKE THESE WERE NOT JUSTIFIED.

Q DOES THE CONTRACT ALLOW THE COMPANY TO DETERMINE 

WHAT UNILAT E R A L  --

MR. BURCH: YOUR HONOR, I O B 

JECT. HE IS NOW INTERPRETING THE C O N 

TRACT, WHICH IS S O M ETHING FOR AN 

A R B I T R A T O R  TO DO OR FOR THIS COURT TO 

DO AND NOT SIMPLY GIVE A WITNESS' OPINION 

ON WHAT IT MEANS.

THE COURT: I WILL OVERRULE

YOUR OBJECTION.

MRS. MC DONALD: NOTHING

FURTHER, YOUR HONOR.

THE COURT:

TIONS?

H Y  E L Y K  O Y  E l i  H E C K  
o f f i c i a l  r n i t H T  u k f o r t k k

c, 4  , n

ANY FURTHER QUE5-



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i 5 6 8

MR. WHEAT: JUST O N E , YOUR

HONOR. j

(

REDIRECT EXAMINATION

BY MR. WHEAT:

Q M R - HARRISON, IN RESPONSE TO A QUE S T I O N  YOU SAID 

THAT NO GRIEVANCE HAD EVER BEEN FILED PER SE.

DO YOU MEAN THERE WERE SOME GRIEVANCES FILED 

C O N C E R N I N G  THE A P P L I C A T I O N  OF THE COMPANY'S P R O 

GRAM?

A NO, THERE WERE NEVER ANY GRIEVANCES ABOUT A P P L I 

CATIONS. YOU ARE TALKING ABOUT THIS TESTING OR 

ED U C A T I O N A L  REQUIREMENT, AND V E RBALLY THESE WERE 

BOURHG TO ME ON SEVERAL OCCASIONS AND WE HAD 

MEETINGS ABOUT IT. WE EVEN WENT IMMEDIATELY TO 

A MEE T I N G  ASKING THE COMPANY LET THE PEOPLE TAKE, 

RETAKE THE TEST.

Q THERE WERE SUCH G RIEVANCES?

A WELL, THEY ACTUALLY DIDN'T PUT IT INTO WRITING. WE
i

JUST WENT AND WAVED THE FIRST STAGES AND WENT 

RIGHT INTO A MEETING ABOUT THIS.

Q WERE YOU EVER ABLE TO OBTAIN FOR ANY EMPLOYEE ANY 

SORT OF RELIEF FROM THE A P P L I C A T I O N  OF THE TESTING 

AND E D U C A T I O N A L  R E Q U I REMENTS?

A YES .

E Y E I . Y X  O Y E E H E C K
O F F I C I A L  C O V E T  FErOHTF. l t

6  4  8  A



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H O N O R .

MR. WHEAT: JUST O N E , YOUR

REDIRECT EXAMINATION

BY MR. WHEAT:

Q MR. HARRISON, IN RESPONSE TO A QUE S T I O N  YOU SAID 

THAT NO G R I EVANCE HAD EVER BEEN FILED PER SE.

DO YOU M EAN THERE WERE SOME GRIEVANCES FILED 

C O N C E R N I N G  THE AP P L I C A T I O N  OF THE COMPANY'S P R O 

GRAM?

A NO, THERE WERE NEVER ANY GRIEVANCES ABOUT A P P L I 

CATIONS. YOU ARE TALKING ABOUT THIS TESTING OR 

E D U C A T I O N A L  REQUIREMENT, AND V E RBALLY THESE WERE 

BOURHG TO ME ON SEVERAL OCCASIONS AND WE HAD 

M E ETINGS ABOUT IT. WE EVEN WENT IMMEDIATELY TO 

A .MEETING ASKING THE COMPANY LET THE PEOPLE TAKE, 

RETAKE THE TEST.

Q THERE WERE SUCH GRIEVANCES?

A WELL, THEY ACTUALLY DIDN'T PUT IT INTO WRITING. WE 

JUST WENT AND WAVED THE FIRST STAGES AND WENT 

RIGHT INTO A MEETING ABOUT THIS.

Q WERE YOU EVER ABLE TO OBTAIN FOR ANY EMPLOYEE ANY 

SORT OF RELIEF FROM THE A P P L I C A T I O N  OF THE TESTING 

AND E D U C A T I O N A L  REQUIREMENTS?

E V E L Y N  O Y E R H E C K
official covur aKcnarau

( M b ’#

YES .



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Q CAN YOU IDENTIFY SUCH AN OCCASION FOR US?

A I R EMEMBER S P ECIFICALLY MR. STANLEY DEAN, A

BLACK EMPLOYEE, A LABORER. THEY PROMOTED HIM 

TO STORAGE AND RECEIVING, 1220. THE MAN D I D N ’T 

HAVE A HIGH SCHOOL EDUCATION.

AFTER THE V A CATION RELIEF THEY PUT 

HIM BACK IN LABOR AND THEY HAD AN OPENING IN THAT 

D E P A R T M E N T  AND HE REQUESTED A DESIRE TO GO THERE 

AMD THEY SAID THAT HE DID NOT HAVE A HIGH SCHOOL 

EDUCATION, AND WE SHOW WHERE THE MAN HAD BEEN PUT 

ON T E M PORARY AND HAD SU S T A I N E D  HIMSELF AS A GOOD 

EMPLOYEE, AND THIS HIGH SCHOOL E D U CATION WAS IM

MATERIAL.

Q YOU MIGHT HAVE STATED IT, BUT WAS THIS A BLACK 

EMPLOYEE?

A MR. DEAN, STANLEY DEAN, A BLACK EMPLOYEE.

MR. WHEAT: WE HAVE NOTHING

FURTHER, YOUR HONOR.

MR. BURCH: MAY I HAVE JUST A
I

MOMENT, YOUR HONOR.

I

CROSS E XAMINATION

BY MR. BURCH:

Q MR. HARRISON, COULD YOU EVER RECOGNIZE THERE IS

IN THE CONTRACT UNDER S E N I O R ITY, AND I AM LOOKING
E VEL YA 0 1 Eli HECK
OF F I C I A L  COUNT NECOHTKH

_______________________________________________________________________________________________ _______________________________________________________________ ;_______________________5 6 9



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5 7 0

AT PAGE 26, A PROVISION STATING WHEN QUALIFICATION' 

ARE Q U E S T I O N E D  BY M A N A G E M E N T  THE ISSUE SHALL BE 

DIS C U S S E D  WITH THE PLANT UNION COMMITTEE AND IF 

IT IS AGREED THE EMPLOYEE IS NOT Q U A L I F I E D  HE 

SHALL BE BYPASSED?

YOU ARE FAMILIAR WITH THAT CLAUSE?

A YES, I AM VERY FAMILIAR WITH IT, YES.

Q ISN'T IT A FACT THAT WHEN MA N A G E M E N T  DOES Q U ESTION

THE Q U A L I F I C A T I ON S  OF AN EMPLOYEE FOR A P A R T I C U 

LAR JOB AND IF THE UNION ASKS FOR IT THAT EMPLOYEE 

IS A U T O M A T I C A L L Y  GRANTED A TRIAL PERIOD?

A THIS CLAUSE REFERS TO OPERATING E N G I N E E R S ’

SENIORITY. THIS IS WHEN A PERSON IS ALREADY IN 

A GROUP AND HE BIDS TO ANOTHER JOB WITHIN A 

GROUP. IN OTHER WORDS, THE COMPANY TAKES THE 

POSITION HE IS NOT QUALIFIED,^ WE HAVE REDRESS AND 

WE CAN MAKE THE COMPANY PUT HIM ON THERE FOR A 

TRIAL PERIOD. THIS HAS NOTHING TO DO WITH T R A N S 

FERRING FROM ONE DEPARTMENT TO ANOTHER.

Q YOU ARE FAMILIAR WITH THE PROVISION THAT WAS

ADDED IN THE 1970 CONTRACT, ARE YOU NOT, WHICH 

DEALS WITH THE Q UESTION OF A T R ANSFER FROM ONE 

D E P A R T M E N T  TO ANOTHER?

A YOU ARE TALKING ABOUT ON PAGE 27?

Q PAGE 31 AND 32.

—  E V E L Y N  O V E N  H E C K .
o f f i c i m . c o r i n '  k e f o h t k r

• 6 5 U A



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A YES. WE GOT THIS IN THE ’70 CONTRACT, YES.

Q YOU ARE AWARE OF THE PROVISION THERE THAT SAYS

IN EFFECT THAT THE E M P L O Y E R ’S Q U A L I F I C A T I ON S  

E S T A B L I S H E D  FOR A JOB WILL NOT BE SET ASIDE AS 

LONG AS THEY ARE A D M I N I S T E R E D  IN A CONSISTENT 

MANNER AND ARE NOT D I S C R I M I N A T OR Y  IN ANY V I O L A 

TION OF LAW -- ARE YOU FAMILIAR WITH THAT PROVI- 

S I ON?

A YES .

Q YOU R E C OGNIZE IF THE UNION FELT A PARTICULAR 

Q U A L I F I C A T I O N  WAS NOT BEING A D M I N I S T E R E D  IN A 

C O N S I S T E N T  MANNER AND WAS D I S C R I M I N A T O R Y  THE UNION; 

COULD CHALLENGE IT?

MR. WHEAT: OBJECTION, YOUR

HONOR. THIS IS A R G U M E N T A T I VE  AND IS 

ASKING THE SAME THING THE COMPANY WAS 

OB J E C T I N G  TO. HE IS ASKING HIM TO 

INTERPRET THE CONTRACT.

THE COURT: I WILL PERMIT THE

A N S W E R .

A I BELIEVE IT SAYS SUBJECT TO GRIEVANCE.

Q IF YOU AS CHIEF STEWARD FELT THE COMPANY WAS

A D M I N I S T E R I N G  A Q U A L I F I C A T I O N  FOR TRANSFERS AND 

IN AN INCONSISTENT MANNER OR IF IT WAS D I S C R I M I N 

ATORY OR IN V I O LATION OF LAW THE UNION COULD FILE

EVELYN OVERHECK
O F F I C I A L  COIIIIT KEFOHTKU

6 5 1 V ?



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A

Q

A

Q

A

Q

!
IN OTHER WORDS, WHAT THIS IS HERE, THE WAY I 

INTERPRET IT, TWO PEOPLE WITH THE SAME SENIORITY, 

IN OTHER WORDS, THE UNION HAS THE RIGHT TO SAY 

-- EXCUSE ME -- TWO PEOPLE WITH THE SAME Q U A L I 

FICATIONS OR BACKGROUND, WHAT HAVE YOU, THE 

SENIOR MAN GETS THE CHOICE. WE HAVE THE P R E R O G A 

TIVE OF GRIEVANCE IN THE EVENT THEY D I D N ’T SEND 

THE MAN WITH THE RIGHT SENIORITY UP THERE.

AS FAR AS HAVING A SAY ABOU TESTING,

AS FAR AS THEM SETTING ANY KIND OF EDUCAT I O N A L  

STANDARDS, I AM SURE THEY COULD FILE A GRIEVANCE.

I PRESUME THEY COULD HAVE, BUT I T ’S NEVER H A PPENED 

WERE YOU PRESENT WHEN MR. TEAGUE TES T I F I E D  EARLIER 

IN THIS TRIAL?

I BELIEVE I WAS.

DO YOU RECALL THAT HE T E S TIFIED IN 1970 WHEN THIS 

WAS PUT IN, THE UNION HAD D I S CUSSED WITH THE 

COMPANY THE HIGH SCHOOL TESTING REQUIREMENTS, AND

THIS WAS PUT IN SO THE UNION COULD GRIEVE IF THOSE
I

WERE A D M I N I S T E R E D  IN AN UNLAWFUL MANNER? DO YOU
I

RECALL THAT TESTIMONY?

I BELIEVE T H A T ’S CORRECT, YES.

YOU ARE NOT DI F F E R I N G  WITH WHAT MR. TEAGUE SAID

HERE EARLIER, ARE YOU?

E V I H A ' S  O Y E l {  H E C K

A  P R O C E S S  G R I E V A N C E ?



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5 7 3

A NO, I AM NOT.

Q ALL RIGHT.

A I MAY HAVE SAID -- I BELIEVE THE LADY DID SAY

UNILATERAL. THIS WOULD CERTAINLY --

Q WELL, I DON'T U N D E RSTAND YOUR STATEMENT. WHAT

ARE YOU TRYING TO SAY TO US NOW?

A I U N D E R S T O O D  THE LADY SAID THAT WE HAD A SAY W H E 

THER OR NOT THEY SET THESE E D U C A T I O N A L  R E QUIREMENTS 

AND TESTING. I STILL SAY THEY CONTEND THEY HAVE 

THE RIGHT TO RUN THE PLANT AND SET THE E DUCATIONAL 

REQUIR E M E N T S  AND TESTING AND TRANSFER STANDARDS,

ET CETERA. THEY RESORT BACK TO THIS.

Q I DON'T THINK ANYBODY CONTENDS THE UNION ES T AB LIS HE

HIGH SCHOOL OR TESTING REQUIREMENTS.

A NO.

Q YOU DID TAKE UP WITH THE COMPANY SITUATIONS WHERE 

THERE WERE NO FORMAL WRITTEN GRIEVANCES?

A OH, YES.

Q WHERE AN EMPLOYEE FELT HE OUGHT TO BE ABLE TO 

TAKE THE TEST AGAIN, IS THAT CORRECT?

A YES .

Q AND YOU MANAGED TO GET THE COMPANY TO AGREE WITH 

YOUR REQUEST, IS THAT CORRECT?

A THAT IS TRUE.

Q IT IS NOT UNUSUAL FOR GRIPES, COMPLAINTS OR

E V E L Y  X  O Y E R  H l i C K
O F F I C I A L  C OUR T  Rl iFORTKI i

g o :s fl



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GRIEVANCES TO BE RESOLVED B ETV/EEN THE COMPANY AND 

THE UNION BEFORE IT IS EVER PUT INTO WRI T T E N  

GRIEVANCE, ISN'T IT?

A THAT IS TRUE.

Q DID YOU TAKE UP QUESTIONS LIKE THIS, FOR EXAMPLE,

C O N C E R N I N G  WHITE EMPLOYEES AND QUESTIONS C O N C ERNING 

THE A D M I N I S T R A T I O N  OF TEST REQUIREMENTS?

A I THINK THERE WAS ONE WHITE EMPLOYEE INVOLVED IN

THIS.

Q DID YOU TAKE UP SOME QUESTIONS SUCH AS THIS C O N 

CERNING BLACK EMPLOYEES, DO YOU REMEMBER?

A IT WAS MOSTLY BLACK EMPLOYEES.

Q ALL RIGHT. AS I UN D E R S T A N D  THE CASE C O N C ERNING 

MR. DEALS, HE HAD BEEN WORKING AS A LABORER AND 

ON SOME OCCASION HAD BEEN TEMPORARILY PROMOTED.

A THAT IS TRUE.

Q WHAT IS THE POSITION HE WAS TEMPOR A R I L Y  PROMOTED 

TO?

A BATCH-UP, I THINK, STORES AND RECEIVING, DRIVING 

A FORK LIFT.

Q CAN YOU TELL US A P P R O X I M A T E LY  WHAT YEAR THE 

Q U ESTION AROSE ABOUT MR. DEALS?

A IT WAS DURING MY TIME. IT MUST HAVE BEEN ’70 OR 

’69, I'M NOT SURE.

Q AND THE UNION IN EFFECT WENT TO BAT FOR MR. DEALS

UVKLYK OYEH HECK 
o r p i n  a l  c o v i n '  r e p o r t e r

05!/?

______________________________ 57J+



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AND SAID, "AS I U N D E R S T A N D  IT HE HAS PREVIOUSLY

1
WORK E D  THIS JOB SO THEREFORE YOU OUGHT TO LET HIM

I
|

TRANSFER, EVEN THOUGH HE H A D N ’T BEEN TO HIGH 

S C H O O L . "

A THAT IS TRUE.

Q AND THE COMPANY AGREED, IS THAT CORRECT?

A ON THIS INSTANCE THEY DID AGREE BECAUSE THE MAN

HAD E S T A B L I S H E D  HIMSELF.

Q ALL RIGHT. THANK YOU.

MR. BURCH: PASS THE WITNESS.

THE COURT: ANY FURTHER Q U E S 

TIONS?

MRS. MC DONALD: JUST ONE

QUESTION.

RECROSS E XAMINATION 

BY MRS. MC DONALD:

Q MR. HARRISON, DURING THE TIME YOU WERE CHIEF

STEWARD DID BLACK EMPLOYEES COMPLAIN TO YOU ABOUT 

THE FACT THAT THEY HAD TO TAKE TESTS, BLACK EM-
I

PLOYEES HIRED BEFORE 1957, AND YET WHITE EMPLOYEES 

DID NOT HAVE TO TAKE THESE SAME TESTS?

A SOME OF THE EMPLOYEES INVOLVED DURING THIS PERIOD 

WERE PEOPLE HIRED PRIOR TO ’57. THEY DID COMPLAIN

EVELYN OVERHECK
or nr i A i. /•( tijtr i:u •our Kit

G55 H

TO HE, YES



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MRS. MC DONALD: NO FURTHER

Q U E S T I O N S .

THE COURT: ALL RIGHT. YOU

MAY STEP DOWN, MR. HARRISON.

THE COURT: CALL YOUR NEXT WITNESS.

JACK E. VAUGHAN, .

CALLED AS A WITNESS BY THE DEFENDANT UNION, HAVING BEEN 

FIRST DULY SWORN, WAS E XAMINED AND T E S TIFIED AS FOLLOWS:

DIRECT E X A M I NATION

BY MR. WHEAT:

Q WOULD YOU STATE YOUR NAME AND ADDRESS?

A JACK E. VAUGHAN, 611 CORAL DRIVE, LAPORTE, TEXAS.

Q MR. VAUGHAN, HAVE YOU EVER WOR K E D  FOR THE DEFENDAN"

COMPANY, GOODYEAR?

A YES, SIR.

Q WHEN?

A I WAS EMPLOYED BY GOODYEAR ON DECEMBER 27 , 1954.

I LEFT THEIR EMPLOY ON A LEAVE OF ABSENCE '69,

I BELIEVE.

Q ALL RIGHT.

A DECEMBER, *69.

Q DURING THE COURSE OF YOUR EMPLOY M E N T  WITH G O ODYEAR

E V E L Y N  O Y E R  H E C K
O F F I C I A L  COUR T R E P O R TE R

•• G5II/J



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WERE YOU EVER ELECTED TO THE POSITION OF CHI^F 

STEWARD? |

A YES, SIR.

Q WHEN WAS THAT?

A S E P TEMBER OF '6*+, I THINK.

Q HOW LONG DID YOU SERVE AS CHIEF STEWARD?

A WELL, IT WAS '65, BECAUSE I WAS ELECTED AGAIN IN

1967 AND ONLY SERVED TWO MONTHS AND THEN RESIGNED.

Q ALL RIGHT. DID YOU RESIGN BECAUSE OF TERMINATION 

OF EMPLOYMENT OR SU S P E N S I O N  OF EMPLOYMENT?

A YES, SIR. I KNEW I WAS GOING ON LEAVE OF ABSENCE.

Q DURING THE COURSE OF YOUR CHIEF STEWAR D S H I P  DID

YOU HAVE OCCASION TO APPOINT SUBORD I N A T E  STEWARDS?

A YES, SIR.

Q AMONG THESE DID YOU A PPOINT ANY BLACK EMPLOYEES 

AS STEWARDS?

A YES, SIR.

Q COULD YOU IDENTIFY SOME OF THEM FOR US?

A R. L. JOHNSON, JOHN CHAPMAN, BETHEL PARKER, SEVERA.

MORE. IT'S BEEN A LONG TIME. I CAN'T RECALL ALL 

THE TIMES. j

Q ALL RIGHT. AS CHIEF STEWARD DID YOU FROM TIME 

TO TIME CONDUCT MEETINGS FOR THE STEWARDS THAT 

YOU HAD APPOINTED?

A YES, SIR. WE HAD STEWARDS' MEETINGS. WE HAD A

~  E \ ' E E ) ' X  ()\' E l i  H E(" K
UFF1CI M,  c o r i n '  K Kr o H T K K

G57A



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STEWARDS' TRAINING PROGRAM SHORTLY AFTER I WAS 

CHIEF STEWARD.

Q WITH WHAT FREQUENCY DID THE SESSIONS, TRAINING 

SESSIONS OR MEETINGS TAKE PLACE?

A WELL, DURING THE T R AINING SESSIONS THEY WERE TWICE 

A WEEK. MR. TEAGUE CONDUCTED THEM. THE STEWARD 

MEETINGS WERE ONCE A MONTH.

Q WHAT NOTIFICATION, IF ANY, WAS GIVEN TO THE STEWAR 

OF THE STEWARDS' MEETINGS?

A N O T I F I C A T I O N  OF STEWARD MEETINGS WERE POSTED AT 

THE SAME TIME THE GENERAL MEETINGS WERE POSTED.

Q WHERE?

A ON THE PLANT BULLETIN BOARDS.

Q WERE THE STEWARD MEETINGS FOR ALL STEWARDS?

A YES, SIR.

Q AND WHAT ABOUT THE TRAINING SESSIONS FOR STEWARDS,

HOW WERE STEWARDS NOT I F I E D  OF THOSE SESSIONS?

A WELL, WE NOT I F I E D  ON THE BULLETIN BOARD. WE ALSO 

IN THE GENERAL MEETINGS AND ALSO EXTENDED OUR 

S TEWARD PROGRAM OR TRAINING PROGRAM TO ANYBODY 

THAT THOUGHT THEY W A N T E D  TO BE A STEWARD AT THAT 

TIME, BUT WE HAD IT SPECIFIED THAT THE BOOKS AND 

MATERIALS MIGHT BE RUNNING SHORT, BUT WE DIDN'T 

CONTAIN OR CONFINE THE STEWARDS' TRAINING PROGRAM

TO JUST STEWARDS.

' E V E L Y N  O V E R  H E C K
O FF I C I A L  COUR T R E P O R TE R

G58A



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q ALL RIGHT. WHAT SORT OF A T T E N D A N C E  DID YOU E X 

PERIENCE BY STEWARDS AT REGULAR MONTHLY STEWARDS' 

M E E TINGS?

A WELL, WE HAD FAIRLY GOOD ATTENDANCE.

Q ALL RIGHT. NOW, MR. VAUGHAN, DURING THE COURSE 

OF YOUR CHIEF S T E W A R D S H I P  DID YOU HAVE A NYTHING 

TO DO AT ALL WITH ANY GRIEVANCE FILED BY A MR.

VITAL C O N C ERNING FOUR HOURS' PAY?

A NOT THAT I CAN RECALL.

Q ALL RIGHT. NOW, DURING THE COURSE OF YOUR CHIEF 

S T E W A R D S H I P  DID YOU EVER HAVE O C CASION TO IN 

YOUR ROLE AS CHIEF STEWARD PURSUE GRIEVANCES FILED 

BY, INITIALLY FILED BY MR. R. L. JOHNSON?

A R. L. JOHNSON?

Q YES .

A YES, SIR.

Q DID YOU EVER REFUSE AS CHIEF STEWARD TO PROCESS 

A GRIEVANCE FILED OR INITIATED BY MR. JOHNSON?

A WELL, I CAN'T RECALL. IT'S BEEN A LONG TIME AGO.

I CAN'T RECALL AMY FORMAL GR I E V A N C E  THAT WAS 

PROCESSED OR FILED BY MR. JOHNSON WE DIDN'T PROCESS

Q CAN YOU GIVE US SOME IDEA OF HOW MANY YOU P R O 

CESSED OF THOSE FILED BY MR. JOHNSON?

A WE P R O CESSED ALL OF THEM.

Q GIVE US AN IDEA WHE T H E R  IT WAS JUST ONE, ONE OR

E \  E E Y X  O V E R  H E C K
OFFH' l  A /. COUNT It K W H I T ER

G55JA



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TWO, OR SEVERAL, OR WITH WHAT FREQUENCY?

WELL, MR. JOHNSON WAS A STEWARD, LIKE I SAID. WE 

HAD A UNIQUE SITUATION, I THINK, THAT NINETY PER 

CENT OF OUR GRIEVANCES WERE VERBAL GRIEVANCES.

WE P R O CESSED THEM, GOT TOGETHER AND HAD THEM 

AT THE STEWARDS' MEETINGS. WE HAD THEM AT THE 

COMMITTEE MEETINGS WITH THE COMPANY AND SEVERAL 

TIMES MR. JOHNSON A C C O M P A N I E D  US TO THE COMMITTEE 

MEETINGS WITH THE COMPANY. WE TRIED TO WORK OUT 

OUR PROBLEMS BEFORE THEY FORMERLY GOT INTO A 

G R I EVANCE SITUATION.

THE ONLY G R I EVANCE THAT I KNOW OF THAT 

WE DIDN'T PROCESS THAT MR. JOHNSON COMPLA I N E D  

SEVERAL TIMES ABOUT VERBALLY WAS THAT WHEN WE 

HAD THE HEAVY E Q U IPMENT MAN, I THINK HIS NAME WAS 

JOHN BEAN, HE COMPLAINED SEVERAL TIMES -- IF 

YOU WANT TO CALL IT A GRIEVANCE, WHATNOT, THAT 

WHEN MR. BEAN WAS RUNNING THE EQUIPMENT HE WANTED 

HIM TO LOSE A DAY'S SENIORITY FOR EVERY DAY THAT 

HE WAS THERE. IN OTHER WORDS, HE DIDN'T WANT HIM 

TO GAIN SENIORITY ON THE EQUIPMENT AND ON THE 

LABOR GANG TOO.

Q NOW, IS THIS ONE MR. BEAN TALKING ABOUT ANOTHER 

MR. BEAN?

A I BEG YOUR PARDON?

“ E V E L Y N  O V  E l i  H E C K
OFFICIAL cnvur hFFOUTKK
- 660 A



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Q WE HAVE HAD TESTIMONY ABOUT SEVERAL EMPLOYEES

NAMED BEAN. WOULD YOU REFER TO THEM BY BOTH 

THE FIRST AND LAST NAME IN CONNECTION WITH THIS 

INCIDENT.

A WELL, MR. WHEAT, I'M MOT SURE. I THINK THE MAN 

THAT WAS PUT ON THE HEAVY E Q U IPMENT WAS NAMED 

JOHN BEAN. I COULD BE WRONG.

CHARLES BEAN WAS THE PRODUCTION OPERATOR 

THAT T E S TIFIED HERE. N A T H A N I E L  BEAN WAS THE 

LABORER. I THINK N A T H A N I E L  WAS ONE OF THE MEN 

THAT WAS ASS I G N E D  TO RELIEVE MR. JOHN BEAN ON 

THE HEAVY EQUIPMENT.

THERE WERE THREE MEN. IF MY MEMORY 

IS RIGHT, WHEN WE FINALLY REACHED THIS A G R E E M E N T  

MR. JOHN BEAN WAS NUMBER ONE AS FAR AS RUNNING 

THE HEAVY EQUIPMENT. MR. N A T H A N I E L  BEAN WAS 

SECOND. WHENEVER MR. BEAN WAS ABSENT OR COULDN'T 

RUN THE EQUIPMENT, THEN A FELLOW BY THE NAME OF 

PICKENS OR PITKENS WAS THE THIRD ON THE HEAVY 

E Q U I P M E N T .

EVERY TIME THEY WENT UP TO RUN THE HEAVY 

EQUIPMENT, YOU KNOW, THIS WAS A GR I E V A N C E  THAT 

WE HAD, THEY SHOULD LOSE A DAY'S SENIORITY.

Q ALL RIGHT. NOW, WHAT EXACTLY WAS THE NATURE OF 

MR. JOHNSON'S CO M P L A I N T  ABOUT MR. BEAN?

“  l i Y  E L Y S  O Y E H l i F A ' K
OFFICIAL COURT IIF.FORTKll

GGlfl



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A WELL, AT THE TIME -- LIKE I SAY, IT HAS BEEN A
I

GOOD WHILE AGO -- THAT MR. BEAN WAS GETTING THE 

TOP PAY FOR RUN N I N G  THE EQUIPMENT. FOR EVERY DAY 

HE RAN THE EQUIPMENT HE WAS GETTING SENIORITY.

ACTUALLY THE WAY IT WAS UNTIL WE GOT 

THE AG R E E M E N T  TO SET UP HEAVY E Q U IPMENT C L A S S I F I 

CATION HE WASN'T GETTING ANY SENIORITY THERE.

HE WASN ' T  LOSING ANY ON THE LABOR GANG, THOUGH.

Q WERE YOU IN THE CO U R T R O O M  WHEN MR. H A RRISON 

TESTIF I E D ?

A YES, SIR.

Q MR. H A R R I S O N  T E S T I F I E D  ABOUT A POLICY AS CHIEF 

STEWARD OF NOT SETTLING GRIEVANCES SHORT OF 

A R B I T R A T I O N  OVER THE OB J E C T I O N  OF THE INVOLVED 

EMPLOYEES. DID YOU FOLLOW THAT POLICY AS WELL?

A WELL, SIR, ANY TIME WE HAD A FORMAL GRIEVANCE,

IN OTHER WORDS, S O M ETHING WE JUST COULDN'T WORK 

OUT, MOST OF THE TIME WE WOULD INSTIGATE THE 

W R I T T E N  PROCEDURE ITSELF THAT IF WE COULDN'T REACH
I

A DECISION AND IT BECAME A MATTER OF WHE T H E R  TO
I

AR B I T R A T E  IT OR NOT WE WOULD TAKE IT BACK TO THEI

MEMBERSHIP. THE PROS AND CONS WERE DI S C U S S E D  IN 

THE M E M B E R S H I P  MEETING. OUR M E M B E R S H I P  WOULD VOTE 

W H E T H E R  TO A R B ITRATE IT OR NOT.

AS I CAN RECALL WE OnILY AR B I T R A T E D  THREE

EYELYX OY Eli HECK
O F F I C I A L  COUNT R E PO R T HR

b'GL’fl



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5 8 2

A WELL, AT THE TIME -- LIKE I SAY, IT HAS BEEN A 

GOOD WHILE AGO -- THAT MR. BEAN WAS GETTING THE 

TOP PAY FOR RUNNING THE EQUIPMENT. FOR EVERY DAY 

HE RAN THE EQUIPMENT HE WAS GETTING SENIORITY.

ACTUALLY THE WAY IT WAS UNTIL WE GOT 

THE A G R EEMENT TO SET UP HEAVY EQUIPMENT C L A S S I F I 

CATION HE WASN'T GETTING ANY SENIORITY THERE.

HE WASN'T LOSING ANY ON THE LABOR GANG, THOUGH.

Q WERE YOU IN THE CO U R T R O O M  WHEN MR. HARRISON 

TESTIFIED?

A YES, SIR.

Q MR. HAR R I S O N  T E S T I F I E D  ABOUT A POLICY AS CHIEF 

STEWARD OF NOT SETTLING GRIEVANCES SHORT OF 

A R B I T R A T I O N  OVER THE O B J ECTION OF THE INVOLVED 

EMPLOYEES. DID YOU FOLLOW THAT POLICY AS WELL?

A WELL, SIR, ANY TIME WE HAD A FORMAL GRIEVANCE,

IN OTHER WORDS, S O M ETHING WE JUST COULDN'T WORK 

OUT, MOST OF THE TIME WE WOULD INSTIGATE THE 

W R I T T E N  PROCEDURE ITSELF THAT IF WE COULDN'T REACH 

A DECISION AND IT BECAME A MATTER OF WHE T H E R  TO 

AR B I T R A T E  IT OR NOT WE WOULD TAKE IT BACK TO THE 

MEMBERSHIP. THE PROS AND CONS WERE DI S C U S S E D  IN 

THE M E M B E R S H I P  MEETING. OUR M E M B E R S H I P  WOULD VOTE 

WHE T H E R  TO ARBITRATE IT OR MOT.

AS I CAN RECALL WE OILY A R B I TRATED THREE

E V E L Y N  O V E R H E C K
O F F I C I A L  COUR T R E P O R TE R

6 G 3 B



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Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

OR FOUR CASES WHILE I WAS CHIEF STEWARD.

THAT W O U L D  INCLUDE BOTH BLACK AND WHITE EMPLOYEES? 

YES, SIR.

WOULD IT ALSO INCLUDE G R I E VANCES THAT REALLY DO 

NOT INVOLVE SINGLE OR INDIVIDUAL EMPLOYEES?

YES, SIR.

SUCH AS, FOR EXAMPLE, THE J U R I S D I C T I O N A L  DISPUTE? 

YES, SIR.

ALL RIGHT. WAS MR. JOHN CHAPMAN EVER A STEWARD 

WHILE YOU WERE CHIEF STEWARD?

YES, SIR.

DID YOU APPOINT HIM STEWARD OR DID SOMEONE ELSE 

APPOINT HIM?

AS I RECALL, IF MY MEMORY SERVES ME RIGHT, MR. 

CHAPMAN WAS AN E N C UMBENT STEWARD AND REAPPOINTED. 

I'M NOT CERTAIN OF THAT FACT. IF MY MEMORY WAS 

RIGHT HE WAS A S TEWARD WHEN I BECAME CHIEF STEWARD 

DID YOU HAVE ANY KIND OF C O N V E R S A T I O N  WITH MR. 

CHAPMAN CONCERNING TESTING AND E DUCATIONAL RE- 

Q UIREMENTS?

I HEARD -- WE HAVE HAD SEVERAL CONVERSATIONS,

YES, SIR.

IN ANY OF THOSE CONV E R S A T I O NS  DID YOU EVER USE 

THE PHRASE "YOUR WHITE FRIENDS"?

NO, SIR. I CAN'T RECALL USING THAT PHRASE AT ANY

E V E L Y X  O Y  E U l i E C K
O F F I C I A L  COURT RF.VORTRR

- tstttfl



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A

Q

A

Q

A

Q

A

Q

A

TIME .

ALL RIGHT. DID YOU EVER MAKE ANY KIND OF S T A T E 

MENT OR USE THE WORDS TO THE EFFECT THAT YOU 

D I D N ’T WANT TO HURT WHITE EMPLOYEES?

NO, SIR.

DID YOU EVER MAKE ANY STATEMENT THAT COULD 

REASONABLY BE CONSTRUED TO MEAN THAT?

NO, SIR; NOT THAT I CAN RECALL.

MR. CHAPMAN WAS A LABOR LEADMAN AT ONE TIME, WAS 

HE NOT, OR AT ONE TIME WAS PROMOTED TO LABOR LEAD- 

MAN, IS THAT TRUE?

YES, SIR.

DID YOU HAVE ANY T H I N G  TO DO WITH THAT PROMOTION? 

WELL, WE WENT TO THE COMPANY AND ENCOURAGED THEM, 

I ’M SORRY, WHO DO YOU MEAN BY "WE"?

ME AS CHIEF STEWARD. WE D I S CUSSED IT AT COMMITTEE 

MEETINGS AND TALKED TO MR. VAN OS DALL ABOUT IT.

WE FELT WE NEEDED A LEADERMAN BACK THERE.

YOUR Q UESTION WAS DID WE HAVE ANYTHING 

TO DO WITH IT. YES, SIR; WE TRIED TO ENCOURAGE 

THE COMPANY TO PUT HIM ON AS LEADERMAN AND WE 

WERE SUCCESSFUL.

DID YOU TRY TO ENCOURAGE THE COMPANY TO MA 

CHAPMAN THE LABOR LEADERMAN, OR ANYBODY ELSE?

WERE YOU TRYING TO GET THE JOB FOR MR. JOHN CHAPMAfJ

E V E L Y N  O V E R H E C K
O F F K ' I M .  I 'OIIKT HHI’ONTIi l t

GGi.A



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A WE TRIED TO GET A LEADERMAN IN THEIR GROUP I 

LIKE WE TRY TO GET LEADERMEN IN OTHER GROUPS,

Q WAS THIS SOMETHING MR. CHAPMAN WAS SEEKING, TOO?

A WELL, YES, SIR.

Q DID YOU HAVE CONFERENCES WITH THE COMPANY ABOUT

MR. CHAPMAN'S PROMOTION TO LEADERMAN?

A YES, SIR.

Q AS A RESULT OF THOSE CONFERENCES WAS HE IN FACT

PROMOTED TO LEADERMAN?

A YES, SIR.

Q YOU M E N T I O N E D  THAT DURING YOUR STEWAR D S H I P  THERE

WERE ONLY FOUR CASES THAT WENT ALL THE WAY TO 

ARBITRATION. I W O N D E R  IF YOU COULD IDENTIFY THEM 

FOR US?

A WELL, THE FIRST CASE WE HAD FOR A R B I T R A T I O N  WAS

A MAN THAT HAD GOTTEN HURT IN MR. CHAPMAN'S AREA

IN THE W A R EHOUSE LABOR GROUP. HE HAD HIS LEG 

CRUSHED. HE HAD BEEN OFF FOR OVER A YEAR, WELL 

OVER A YEAR. S HEPHERD WAS HIS LAST NAME.

Q IN EACH OF THESE, MR. VAUGHAN, WOULD YOU TELL US 

W H E T H E R  OR NOT THE INVOLVED EMPLOYEE WAS A BLACKI

OR A WHITE EMPLOYEE?

A MR. SHEPHERD WAS BLACK. HE HAD BEEN OFF FOR A 

YEAR OR SO AND IT WAS AN A R B I T R A T I O N  CASE IN

REGARD TO HIS V ACATION TIME.

H V K L Y X  O Y  E l i  H E C K
O F F K ' I M .  C OUR T  RF.FORTKR

- Stilifl

MR. SHEPHERD HAD



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WENT FOR QUITE SOMETIME, I THINK, WIT H O U T  ANY 

PAY AND THEN FINALLY WE GOT HIM ON DISABILITY 

RETIREMENT. THEN THE QUESTION AROSE WHE T H E R  HE 

WAS ENTITLED TO VACATION PAY OR NOT, AND WE A R B I 

TRATED THIS.

Q ALL RIGHT. CAN YOU IDENTIFY ANOTHER ONE OF THE 

A R B I T R A T I O N  CASES FOR US?

A I THINK THE NEXT ONE WAS FOR THE CONTINENTAL BOX

CASE .

Q ALL RIGHT. NOW, IS IT TRUE THAT THAT PARTICULAR

A R B I T R A T I O N  DID NOT INVOLVE A SINGLE OR INDIVIDUAL 

EMPLOYEE?

A NO. IT WOULD BE, I GUESS, BEST REFERRED TO AS

A JOB SITUATION WHERE IT WAS J U R I S D I C T I O N A L  D I S 

PUTE, I GUESS.

Q BY THAT, DO YOU MEAN DISAGR E E M E N T  BETWEEN TWO 

SEPARATE GROUPS OF EMPLOYEES OVER WHICH GROUP 

WOULD DO THE WORK?

A YES .

Q WHICH GROUP WAS THE UNION ADVOCA T I N G ?

A WE WERE CONTENDING THAT THE WORK SHOULD BE DONE 

BY THE LABOR GROUP.

Q ALL RIGHT. AS AGAINST WHAT OTHER GROUP?

A PRODUCTION.

Q ALL RIGHT. AT THAT TIME A P P R O X I M A T E LY  WHAT WAS

EVELYN 01',Eli E E(' A'
OFF I CI AL  C OUR T  R E P O R TE R

6 G 7  A



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THE RACIAL COMPOS I T I O N  OF THE LABOR GROUP?

A WHAT WAS THE RACIAL PROPORTION?

Q YES, HOW MANY WERE BLACKS AT THAT TIME?

A THEY WERE P R E D O MINANTLY BLACK, YES.

Q ALL RIGHT. CAN YOU IDENTIFY ANOTHER A R B I T R A T I O N  

FOR US?

A WELL, THERE WAS MR. KLINGING. WE AR B I T R A T E D  A 

CASE FOR HIM. HE WAS WHITE.

Q WHAT WAS THE ISSUE IN THAT CASE?

A BACK PAY.

Q DID YOU IDENTIFY THE FOURTH ONE?

A NO, SIR. I CAN'T. EVEN IF THERE WAS A FOURTH ONE,

I CAN'T REMEMBER IT.

Q ALL RIGHT, SIR. MR. VAUGHAN, DID YOU EVER HAVE 

ANY KIND OF C O N V E R S A T I O N  WITH MR. CHAPMAN IN 

WHICH THERE WAS REFERENCE TO ASH L A N D  CHEMICAL 

COMPANY AND THEIR WOR K I N G  CONDITIONS?

A ASHLAND CHEMICAL COMPANY?

Q YES, SIR; OR ANY OF THE VARIOUS ASHLAND COMPANIES?

A NOT THAT I CAN RECALL, SIR.

Q ALL RIGHT. WHETHER OR NOT IN ANY CONVER S A T I O N

WITH MR. CHAPMAN YOU D I S CUSSED ANY OF THE ASHLAND 

COMPANIES, DID YOU EVER SAY ANYTHING TO THE EFFECT 

THAT IT WOULD HURT THE WHITE EMPLOYEES TO FOLLOW 

SUCH A POLICY?

' E V E L Y N  O V E R  H E C K
OFF I CI AL  COUR T RKI ' ORTKK

668ft



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5 8 8

A NO. I NE-ER MADE A STATEMENT LIKE THAT.

Q ALL RIGHT. MR. VAUGHAN, I SHOW YOU D E F E N D A N T ’S 

EXHIBIT 7 AND ASK YOU IF YOU CAN IDENTIFY IT FOR 

US?

A THAT IS THE C O N T I N E N T A L  BOX.

MR. WHEAT: AGAIN, YOUR HONOR,

IN VIEW OF THE FACT THERE HAS BEEN C O N 

SIDERABLE TES T I M O N Y  ABOUT THE CASE, WE 

OFFER THE A R B I T R A T O R ’S AWARD IN EVIDENCE 

IN THE C O N T I N E N T A L  BOX CASE.

THE COURT: ALL RIGHT. IS

THERE ANY OBJECTION?

MRS. MC DONALD: NO OBJECTION.

MR. BURCH: NO OBJECTION.

THE COURT: ALL RIGHT. UNION

EXHIBIT 7 IS ADMITTED.

MR. WHEAT: PASS THE WITNESS.

THE COURT: MRS. MC DONALD.

CROSS EXAMIN A T I O N  

BY MRS. MC DONALD.

Q MR. VAUGHAN, HOW OFTEN WERE THE STEWARDS' MEETINGS 

HELD DURING THE TIME YOU WERE CHIEF STEWARD?

A MA'AM, WE HELD THEM ONCE A MONTH.

Q DID YOU APPOINT R. L. JOHNSON STEWARD, IS THAT

EVELYN OVEllHEA'K
O F F I C I A L  COUNT NF.NONTKH

G 6 ‘)A



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CORRECT?

589

A YES, MA'AM.

Q YOU EITHER APPOINTED OR RE A P P O I N T E D  CHAPMAN?

A YES, MA'AM.

Q AND MR. CHAPMAN IS BLACK, IS THAT CORRECT?

A YES, MA'AM.

Q DURING THE TIME THAT YOU WERE CHIEF STEWARD DID

YOU ATTEND THESE STEWARD MEETINGS?

A YES, MA'AM.

Q DID YOU EVER SEE MR. CHAPMAN ATTEND 5 TEWARD M E E T 

INGS?

A I CAN'T RECALL, MA'AM.

Q CAN YOU RECALL SEEING MR. R. L. JOHNSON ATTEND 

A STEWARD MEETING?

A I THINK R. L. CAME ONCE, YES, M A ’AM.

Q WAS THIS A STEWARD MEE T I N G  THAT HE ATT E N D E D  OR A

GEN E R A L  MEETING?

A WELL, AT THE STEWARD MEETINGS THAT WE HAD WHEN I 

FIRST BECAME CHIEF STEWARD WE HELD THE STEWARD

I
MEETING IN C O N J U N C T I O N  -- A LOT OF TIMES WE HELD

I
A STEWARD MEETING IN CONJUNCTION WITH THE STEWARD 

TRAINING PROGRAM, YOU KNOW, TO SAVE TIME. SO THAT 

IS THE REASON I AM TRYING TO -- I CAN'T RECALL 

WHE T H E R  M R . J O H N S O N  WAS AT THE STEWARD MEETING

OR THE TRAINING PROGRAM.

EYELYS OYEUHFA'K
O F F I C I A L  c n r H T  UKFORTEH

670 A



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________ 59 0 _
I

Q THERE WAS A SPECIAL TRAINING PROGRAM FOR STEWARDS,

I
IS THIS WHAT YOU ARE REFERRING TO?

I
A YES,MA'AM.

Q NOW, YOU WERE CHIEF STEWARD FOR, WAS IT TWENTY- 

FOUR MONTHS?

A WELL, ABOUT T W E N T Y - S E V E N  MONTHS, MA'AM.

Q T W E N T Y - S E V E N  MONTHS. SO THEN A P P R O X I M A T E LY  DURING

THE TIME THAT YOU WERE CHIEF STEWARD THERE WERE 

ABOUT T W E N T Y - S E V E N  STEWARD MEETINGS IF THEY WERE 

HELD ABOUT ONCE A MONTH, IS THAT CORRECT?

A NO, MA'AM. THAT IS NOT TRUE. WE HELD STEWARD 

M E ETINGS FOR QUITE SOMETIME, THE LENGTH OF THEM 

I DON'T RECALL, BUT FINALLY THE A T T E N D A N C E  GOT 

SO POOR THAT WE CUT THEM OUT.

Q DID YOU EVER ASK MR. JOHNSON OR MR. CHAPMAN WHY 

THEY DID NOT ATTEND STEWARD MEETINGS?

A WELL, I HAD ASKED THEM TO ATTEND, YES, MA'AM, AND 

WHY COULDN'T THEY MAKE IT.

Q DID YOU ASK THEM THIS?

A YES, MA'AM.
I

Q YOU ASKED THEM WHY THEY HAD MISSED A STEWARDS' 

MEETING, IS THIS WHAT YOU ARE TE S T I F Y I N G  TO?

A WHEN SOMEONE DIDN'T SHOW UP AT STEWARD MEETING, 

WHEN WE FIRST STARTED, I WOULD ASK THEM ALL,

MA'AM, ANYONE THAT DIDN'T SHOW UP.

E V E L Y N  O Y E R  H E C K
OF F I C I A L  COUR T R K V OR TE R

671 ft



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5 9 1

Q THAT INCLUDED MR. CHAPMAN AND MR. R. L. JOHNSON? 

A YES, MA'AM.

Q CAN YOU RECALL WHEN YOU ASKED MR. JOHNSON OR

MR. CHAPMAN WHY THEY HADN'T ATT E N D E D  THE STEWARD 

MEETING?

A NO, M A ’AM, I C A N ’T RECALL.

Q YOU TE S T I F I E D  NINETY PER CENT OF THE GRIEVANCES 

ARE VERBAL GRIEVANCES, IS THAT CORRECT?

A YES, MA'AM.

Q THE UNION WILL ACCEPT AS A GRIEVANCE AN ORAL

G R I E V A N C E  AS OPPOSED TO A WRITTEN, IS THAT C O R 

RECT?

A I DID.

Q A PERSON DOESN'T HAVE TO WRITE SOMETHING DOWN?

A THE G R I EVANCE PROCEDURE CALLS FOR A REDUCTION

TO WRI T I N G  OR IT HAS TO BE PU.T IN WRITING AT A

CERTAIN STEP OF THE G R I EVANCE PROCEDURE, BUT AS 

CHIEF STEWARD WE PROCESSED GRIEVANCES, GRIPES, 

WH A T E V E R  YOU CALL IT. IF ANYBODY TALKED TO YOU 

ABOUT THE PROBLEMS WE'D TRY TO WORK THEM OUT.

IF YOU CALL THEM A GRIEVANCE OR NOT, WE FELT 

LIKE THAT WAS THE T E R M I N A T I O N  WE USED.

Q WHAT WAS MR. CHAPMAN REFERRING TO WHEN HE SPOKE 

WITH YOU CONCERNING A JOB IN THE SHIPPING AND

TRAFFIC DEPARTMENT? _________________________
E V E L Y N  O Y E R H E C K
OFFICIAL COURT KF.FORTEK
■ G



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5 9 2

SHIPPING? IS THAT 1 22 0 , MA'AM?

5 I DON'T k n o w , l e t  m e  a s k  y o u  t h i s : d i d  y o u

HAVE A C O NVERSATION WITH MR. CHAPMAN CONCERNING 

HIS REQUEST FOR SENIORITY TO GO INTO THE SHIPPING 

AND TRAFFIC D E P A R T M E N T  WHERE THERE WERE FORK LIFT 

OPERATORS?

A YES, MA'AM.

Q IS THAT 1220?

A I DON'T KNOW. I WAS THINKING OF 1220 AS BEING --

IT'S BEEN SO LONG AGO -- AS BEING FORK LIFT 

DRIVERS IN THE W A R E H O U S E  AREA. I COULD BE WRONG.

Q WHAT WAS YOUR CONVER S A T I O N  WITH MR. CHAPMAN ABOUT

THE FORK LIFT JOB?

A I THINK MR. CHAPMAN AND I DISCUSSED IT, OR HE

D I S CUSSED IT WITH ME SEVERAL TIMES AND MR. CHAPMAN 

WANTED TO GO INTO A DEPARTMENT THAT HE FELT THAT 

THEY COULD RUN THE FORK LIFT TRUCKS AS WELL OR 

COULD RUN THE FORK LIFT TRUCKS, AND TO THE BEST 

OF MY RECOLL E C T I O N  THAT ONE OF THE -- WHETHER. IT 

V/AS PRESENTED BY MR. CHAPMAN OR NOT, ONE OF THE 

REASONS HE FELT LIKE THIS, IT WAS DONE DURING THE 

WAR. I WASN'T THERE DURING THE WAR, YOU KNOW,

WHEN THE PLANT WAS FIRST STARTED, BUT THAT THE 

LABORERS RAN THE FORK LIFT THEN AND WHY CAN'T THEY 

RUN THEM NOW. THAT'S THE GENERAL CONVER S A T I O N  I

“  FA E l  A X  u Y E l U U ' J ' K
Oh'FK' l .t /. COUNT HKI’OHTHli

*■ G 7  o R



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5 9 3

Q

A

Q

A

Q

A

RECALL.

DID MR. CHAPMAN WANT THE RIGHT TO TRANSFER TO 

THE W A R E H O U S E M A N  AND SHIPPERS JOB BRINGING THE 

SENIORITY SINCE AT ONE TIME HE WORKED THE FORK 

LIFT?

MA'AM, I DON'T RECALL WHAT THE S T IPULATIONS WERE 

FOR MR. CHAPMAN. AS FAR AS WHAT HE WANTED TO DO 

AS FAR AS BRINGING WHAT -- AT NO TIME DO I# RECALL 

A CONCERN FOR B R INGING SENIORITY MORE THAN THERE 

WAS A CONCERN FOR GETTING IN THE DEPARTMENT.

WHAT WAS YOUR RESPONSE TO HIS REQUEST FOR THE RIGH 

TO GET INTO THIS DEPARTMENT?

WELL, MA'AM, ALTHOUGH HOWEVER I FELT PERSONALLY, 

YOU KNOW, I WAS THE CHIEF STEWARD TO PROCESS 

G R I E VANCES AND ENFORCE THE CONTRACT. AT THAT 

TIME C O N T R ACTUALLY IT WOULD HAVE BEEN IMPOSSIBLE. 

SINCE THERE WAS NO CONTRACT PROVISION THAT WOULD 

ALLOW IT THEN YOU DID NOT FILE A GRIEVANCE, IS 

THAT CORRECT?

MA'AM,WE PROCESSED HIS VERBAL A G R EEMENT LIKE WE 

PROCESSED EVERY ONE OF THEM. WE WENT TO THE 

COMPANY AND TRIED TO DO EVERYTHING WE COULD. W H E 

THER I WAS RIGHT OR WRONG, I FELT LIKE THE CONTRAC 

WAS A BINDING A G R EEMENT AND IF IT WASN'T IN THE

CONTRACT THEREFORE I COULDN'T ENFORCE IT.

EVELYN ()Y EH HECK
O F F IC IA L  COUNT R F .m U T F N

67'J fl



WHEN DID THIS CONVER S A T I O N  TAKE PLACE? j
I

I HAVE NO IDEA. IT WAS EITHER WHEN I WAS CH'AIR- 

MAN OR CHIEF STEWARD, ONE OR THE TWO.

WHAT YEAR WOULD THAT HAVE BEEN?

I THINK I WENT IN AS C HAIRMAN IN 1966, I BELIEVE,

' 67 .

AND YOU WERE CHIEF STEWARD IN 1964 AND 1965 AND 

PART OF 1967, IS THAT CORRECT?

I WAS E LECTED IN 1967, I THINK, YES, M A ’AM.

DURING THE TIME THAT YOU WE R E CHIEF STEWARD WAS 

THERE A PROVISION IN THE CONTRACT TO PERMIT MR. 

CHAPMAN TO TRANSFER FROM THE LABOR DEPART M E N T  TO 

THE WA R E H O U S E  AND SHIPPER JOB?

IS THAT THE MULE DRIVER JOB, MA'AM?

THE FORK LIFT JOB.

NO, MA'AM, THERE WAS NO PROVISION THERE THEN.

WAS MR. CHAPMAN CO M P L A I N I N G  OF THE MULE DRIVER'S 

JOB OR THE FORK LIFT JOB?

WELL, WAS HE C O M P L A I N I N G  -- SAY THAT AGAIN, PLEASE

DID HE WANT TO TRANSFER TO THE FORK LIFT JOB OR
I

MULE DRIVER'S JOB?
I

THAT IS THE SAME THING, MA'AM, I THINK.

SO DURING THE TIME YOUVERE CHIEF STEWARD THERE 

WAS NO CONTRACT P R O VISION TO T R A N S F E R  TO THAT JOB 

FROM LABOR?

E V E L Y X  O Y E E H E C K
OFF I CI AL  COUR T R E P O R TE R

_______________________ 5  9  9

6 75 a
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