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121-529: The company was founded in the 1940s and was engaged in the exploration, development, and production of zinc and other minerals. Empire Zinc Company was known for its operations at the Hanover-Potosi mine in New Mexico, which was one of the largest zinc mines in the world. The company was also involved in the mining of lead, silver, and other minerals. In the 1950s, Empire Zinc Company was involved in

242-582: A zinc mine located near Hanover, New Mexico , approximately 13 miles east of Silver City, New Mexico . In 1950, Empire Zinc employed 128 people in Hanover, of which 92 were members of the International Union of Mine, Mill and Smelter Workers (IUMMSW), Local 890, 12 Anglos and 80 Hispanics. Empire Zinc participated in, and exploited, the discrimination and racism toward Hispanics in southern New Mexico. Underground workers were Hispanics, while

363-417: A 40 hour week, it could claim that it paid the highest wages in the district, which may have helped it compete for scarce workers and keep the competing Steelworkers Union at bay. Empire also agreed to negotiate wage rates for new jobs, a sickness and accident insurance program, a modest pension plan, a company-paid life insurance policy of $ 2500, a three-week vacation for employees with 25 years of service, and

484-686: A November 1941 dispute involving the CIO and certain coal mines that were owned by steel companies. That dispute ended with the CIO dropping out of the board. Following the attack on Pearl Harbor and the United States entering the war in December 1941 , there was an immediate desire for stronger agencies to be in place. In January 1942, Roosevelt established the War Production Board . The danger of strikes occurring during wartime

605-609: A black eye patch to cover an eye he lost as the result of a KKK attack when organizing in Alabama, asserted that Empire had bought its injunction—this later resulted in a contempt of court citation. Witt drew even more attention because he had been a prominent member of Franklin Roosevelt's administration, serving as Secretary of the National Labor Relations Board (NLRB) from 1937 to 1940. Witt had become

726-465: A cordon around Empire's property. Goforth immediately called Mechem and asked for help, but the Governor responded that he would wait for a report from Chief Roach of the state police. When the state police arrived on the scene that night, cars full of union members patrolled the perimeter of Empire's property and used loud speakers to excoriate the armed men who had set up defenses in a few houses at

847-524: A day (Empire's claimed profit potential) going back to the original contempt judgement on July 23, 1951. At the same time, Empire began to bring in workers from Texas, Nebraska, Missouri, and Oklahoma to restart the mine. The tight labor market during the Korean War prevented Empire from obtaining all the workers it wanted, but the outlook was grim for the union. Surprisingly, as Local 890's position seemed ready to collapse, Empire agreed to participate in

968-672: A dispute, including use of the Conciliation Service. Overall, about 27 percent of cases received by the Conciliation Service ended up being sent to the War Labor Board. Once a dispute was accepted by the War Labor Board, it was mandated to see it through to a binding settlement, whether by mediation, voluntary arbitration, or imposed arbitration. This gave the board more power than either its immediate predecessor National Defense Mediation Board or its First World War namesake . Despite some parties urging that

1089-647: A frequent target of Joseph McCarthy . Whittaker Chambers accused Witt of being a leader of the Ware Group within the U.S.government, and Lee Pressman confirmed that Witt was a member of the Ware Group in testimony before the House Un-American Activities Committee in 1950. Witt did not disappoint reporters when he spoke at Local 890's union hall. The Silver City Daily Press quoted him as saying: "The International Union

1210-473: A general strike in the mining district, others pointed out that they would face huge fines if the injunction were ignored, but everyone agreed that giving up after eight months of deprivation would be too bitter of a pill to swallow. Jencks and Bob Hollowwa, another IUMMSW representative brought in to help, argued that having the women of the Ladies Auxiliary take over the picket line could circumvent

1331-594: A labor dispute known as the Empire Zinc strike , which was a major event in the history of the American labor movement. The strike, which was led by the International Union of Mine, Mill, and Smelter Workers, was sparked by a dispute over wages and working conditions at the Hanover-Potosi mine. The strike was ultimately resolved through negotiations, and Empire Zinc Company continued to operate until it

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1452-533: A large majority of hourly workers on the surface (mill and repair shop workers) were Anglos. All office and management employees were also Anglos. Hispanics and Anglos were also separated in the town of Hanover, where 90% of its employees lived. There were four tiers of housing—the best for managers, then office and technical workers, Anglo miners, and finally Hispanic workers, who often built their own houses on land owned and rented by Empire Zinc. Hispanics in company housing did not have indoor plumbing. While all 12 of

1573-541: A letter to Governor Mechem, asking him to impose martial law. Mechem responded that he would if necessary. Local 890 organized a convoy of over 300 cars, escorted by the state police, to the Grant County Courthouse in Silver City, where a large crowd listened to union leaders call for a continuing struggle and denounce the request for martial law. Local officials again appealed to Mechem to bring in

1694-511: A mestizo melting pot that lowered the general level of culture to a point little above that of the swarming aborigines." Moreover, the District Judge, District Attorney, and the Silver City magistrate judge remained unmoved by the union's arguments. They not only belonged to a socio-economic class very different from that of the miners, but also were not politically vulnerable to the rural labor vote, and so had little reason to accommodate

1815-432: A negotiator and human relations manager for New Jersey Zinc, bargained for Empire Zinc. At this first meeting, Graves refused to address any issues other than wage rates. Local 890's negotiating team held firm on pay for all time spent underground, reducing redundant job categories (which were used to reduce pay for Hispanic workers), and paid holidays, which all other mining companies had provided since 1944, when prodded by

1936-546: A new bargaining session in response to a request from Local 890 for arbitration by the Conciliation Service. Richard Berresford, vice-president of New Jersey Zinc, later testified before the House Labor Committee that "We are not trying to destroy this union. We are trying to give it proper leadership." Many in Local 890 believed Empire Zinc preferred to be able to deal with a weakened IUMMSW rather than deal with

2057-599: A number of wildcat strikes during the war. Indeed, the number increased during 1943, which led to the passage in June of that year of the War Labor Disputes Act . This gave the War Labor Board even more power. While in legal terms the War Labor Board did not have the power to go to the court system in order force compliance to its rulings, it could go to the White House, which in the ultimate case had

2178-498: A secret ballot on whether to drop some demands was derailed. By the end of May, 1951, 14 unionists had signed a back-to-work petition, and Empire added to that number salaried non-union employees and claimed in advertisements that 28 employees wanted to end the strike. On June 7, 1951, Empire escalated its attack on the union, running a full-page ad in the Silver City Daily Press , announcing that it would reopen

2299-455: A settlement. Local 890 requested continuing negotiations, but Graves left town, and no new negotiations were offered. On October 17, 1950, Local 890 went on strike. Months passed with no sign of compromise. Despite record high zinc prices accompanying the Korean War, Empire made no attempt to reopen the mine through the winter and spring. The absence of detailed haggling over the prices of various benefit and wage packages suggested that Empire

2420-512: A sole exception now being where there were substandard living conditions. The order mandated that the Office of Economic Stabilization , led by Roosevelt's longtime friend James F. Byrnes , review War Labor Board decisions. In a sense, this meant that the War Labor Board was no longer a fully independent government agency, in that there was now an administrative level between the board and the White House. Because wage increases were limited by

2541-592: A wage stabilization division, a disputes division, a legal division, and a division of administrative management. The public members of these boards were usually chosen from the fields of the law, academia, and the civil service. The regional boards were responsible for much of the enforcement of national board decisions. The regions that handled the most cases during the war were those located in Chicago, New York, and Cleveland, each of which dealt with over 1,000 cases. The large majority of decisions were reached not by

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2662-456: Is a gift, not a concession. The most serious loss for the union in the negotiations came when Empire refused to drop court proceedings. In September 1952, Marshall handed down 90-day jail sentences for union leaders (Goforth held Jencks in solitary confinement) and fines totaling $ 38,000 for Local 890 and the IUMMSW. When presenting the contract to Local 890's membership, Travis said the contract

2783-638: Is not forgetting that your fight is tied up with the big question of peace. If there is a war and the atom bomb is dropped, your working conditions will not be important." District Judge Marshall made his injunction against the union permanent. Witt's strategy was to appeal the decision to a higher court. When Marshall handed down his decision, the negotiating committee walked out of the courtroom, and Marshall cited them with contempt of court. New arbitration efforts in subsequent days again proved fruitless. Local 890 said it would accept any other contract they had (Peru, Asarco , and Kennecott ). Empire Zinc said

2904-747: The American labor movement gained during the 1880s with the creation of the American Federation of Labor (AFL); weakened during the 1920s due to overall prosperity and opposition from the National Association of Manufacturers and similar industry groups; and then regained strength again in the 1930s during the Great Depression with the formation of the Congress of Industrial Organizations (CIO). The CIO, helped by

3025-489: The Office of Economic Stabilization , whose purpose was to establish a means to control inflation through stricter regulations on prices and wage and salary increases. In particular, the order stated that as a general rule, "No increases in wage rates, granted as a result of voluntary agreement, collective bargaining, conciliation, arbitration, or otherwise, and no decreases in wage rates, shall be authorized unless notice of such increases or decreases shall have been filed with

3146-663: The Salt of the Earth strike , was a 15-month-long miners' strike in Grant County, New Mexico against the Empire Zinc Company for its discriminatory pay. The strike drew national attention, and after it was settled in 1952, a movie entitled Salt of the Earth (1954) was released that offered a fictionalized version of events. The Empire Zinc Company , a subsidiary of New Jersey Zinc Company , owned and operated

3267-770: The Taft–Hartley Act and forced a return to work. Little was gained by the national strike, which included mines organized by the United Steelworkers . IUMMSW increasingly came under fire as questions were raised about the motives for its strike, even though the Steelworkers Union called a national strike at the same time. The Daily Press carried many articles and editorials, accusing IUMMSW and Local 890 of "Moscow-inspired" subversion. Meanwhile, Empire Zinc gave full pay to workers who organized vigilante" law and order" groups. Sheriff Goforth's response

3388-618: The War Labor Board . At that time, the NWLB allowed Empire to pay a fixed differential pay scale that substituted for these benefits, which left its workers with a longer work day. Empire refused to increase the rate for it paid for lunch breaks when general wage rates increased in the mining district. These two issues—pay for lunch time and 6 paid holidays—formed the foundation of the union's demands. Local 890 had tried to negotiate housing conditions and rent with Empire Zinc for years, but

3509-579: The cost-of-living index provided by the Bureau of Labor Statistics , this worked out to a fifteen per cent wage increase formula, or forty-four cents per day for the Little Steel employees. There would be allowed exemptions, however, for cases where it could be demonstrated that past inequities or injustices existed. This determination became known as the "Little Steel formula" and set a precedent for future wage adjustments to meet recent increases in

3630-743: The Anglo unionists went on strike, no Anglo striker participated in strike activities (though some Anglos who worked at other mines in the district were active in the union). Most Anglo workers at Empire Zinc found work elsewhere or returned as strikebreakers. Wage rates for laborers, muckers, and miners (jobs held usually by Hispanics in the Southwest) were significantly lower in Arizona and New Mexico than in Utah, Nevada, or Montana, where Anglos worked these jobs. Pay scales for trade workers and surface workers, on

3751-524: The Board was to decide dispute cases. Second, it was to achieve [compliance] with its directive orders in dispute cases. ... Third, ... stabilize wages through its power to approve adjustments in wage rates. Fourth, [enforcement of] its principles of wage stabilization." —Kheel Center for Labor-Management Documentation and Archives, Cornell University Library, New York State School of Industrial and Labor Relations at Cornell University Dispute cases came to

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3872-648: The Defeat of Communism. The Steelworkers Union argued that it could provide better pay and working conditions than Local 890 had obtained for local miners, but it had not achieved significantly superior results in its negotiations with mining companies in the West. Its appeal to Local 890's membership was also limited because the Steelworkers brushed aside racial issues (as it had done in the South with Blacks), so its appeal

3993-645: The Earth was as controversial as the strike itself. Efforts to stop the production and distribution of the film were intense and generally limited its showings to art theaters, and universities. Salt of the Earth won the International Grand Prize of the Paris Academy of Film in 1955. Due in part to the efforts of activists in the 1960s and 1970s, the film was added to the Library of Congress 's National Film Registry in 1992 because of

4114-478: The Little Steel formula, during the war unions often sought from the War Labor Board improvements in fringe benefits such as vacation pay and sick leave and extra pay for certain shifts. As these were either not paid in cash or were not changes in hourly rates, they were allowed. Similarly, companies looking to find people to hire during labor shortages could offer fringe benefits as a way of attracting potential employees, and such offers would not be in violation of

4235-415: The Little Steel formula. The expansion of the American workforce during the war included a large rise in the number of women working, often in industrial jobs that were previously considered the domain of men. These women often found resistance to being hired from employers, from unions, and from fellow workers. This rise in women working also brought about the question of what the women would be paid, and

4356-619: The NM State Police played an important role in Mechem's approach to the strike and the subsequent interpretation and execution of it. They reassured strikers that they would not escort strikebreakers into the plant or prevent pickets from occupying the road. When clashes occurred, Bradford would secretly meet with union leaders to reiterate that maintaining the status quo depended on the avoidance of violence. The strikers appreciated Bradford's even-handed approach, and peace prevailed while

4477-656: The National Guard, but State Police Chief Joseph Roach and Captain John Bradford insisted that they could keep the peace. Governor Mechem was also receiving advice and information from a close friend who was an FBI agent investigating Local 890. Mechem adopted the FBI's opinion that Jencks incited the miners to strike, but he did not want to take a position that would be interpreted by Hispanic workers as antiunion because he understood that they were strongly committed to

4598-539: The National War Labor Board, and unless the National War Labor Board has approved such increases or decreases." This meant that voluntary cases of wage increase proposals were now coming in, in addition to dispute cases. This greatly expanded the workload of the National War Labor Board, and it soon became clear the existing, centralized operation in Washington, D.C. would not be sufficient to

4719-548: The Steward Council, and the Kennecottt unit sent telegrams to IUMMSW's executive board, accusing it of disrupting the union, and comparing the executive board to metal corporation bosses. Enthusiasm waned among pickets, and fewer showed up for picket duty. In mid-December, 1951, the culminating blow came when Governor Mechem ordered state police to assume complete control and enforce the injunction against blocking

4840-481: The Wage Adjustment Board and the NWLB, however, with some conflicts arising between the two bodies as a result. Finally, wage cases involving federal employees were typically handled by those particular federal agencies, who would periodically submit reports of their decisions to the NWLB. In the beginning of the War Labor Board's existence, when it was staffed only in Washington, D.C. and its work

4961-571: The Wage Adjustment Board for the Building Industry, an entity that was part of the Department of Labor. This was because construction work is fundamentally different regarding industrial relations, in that the sites of work are constantly changing, each particular job has a short duration, and workers typically do not remain with contractors on an extended basis. There was some overlap in regulations and administrative procedures between

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5082-440: The War Labor Board adopt a broad set of principles to guide is decisions, it did not, instead resolving issues on more of a case-by-case basis. George W. Taylor , the vice chair of the board, later made the case that such a course was the only realistic choice, given the urgencies of the war effort and the wide gulf between labor and industry perspectives. In the face of the no-strike pledge agreed to by union leaders, there were

5203-530: The War Labor Board from the U.S. Secretary of Labor , usually after the United States Conciliation Service , which was part of that labor department, had been unable to bring the disagreement to a settlement. But the board repeatedly stated that its arbitration procedures were not supposed to be replacing collective bargaining , and indeed, the board insisted that collective bargaining have been fully tried before it would take on

5324-519: The War Labor Board issued rulings which said that women employees must receive equal pay for equal work . In particular, there was a September 1942 ruling in a case involving General Motors , followed by a general directive issued by the board in November 1942, to this effect. The board did state, however, that if jobs were "diluted in content" in order for women to be able to perform them, wages for such jobs could be reduced accordingly. This rule

5445-533: The black workers either being in either professional or clerical capacities. As a consequence, as stated in an article in the journal Phylon , the War Labor Board was one of the war agencies that enabled black workers to make important occupational gains. A fair number of the professional staff of the War Labor Board went into academic fields following the end of the war. Once the war ended with V-J Day in August 1945, labor unions lost interest in maintaining

5566-456: The board made included a "maintenance of membership" rule regarding union security ; an inflation-based rule known as the "Little Steel formula" for putting an upper bound on wage increases; and rulings that required equal pay for equal work for women employees and disallowed pay differentials based on employees' race. As one assessment has written, the War Labor Board "held enormous power over American production and industry." The strength of

5687-403: The board's powers as "semicompulsive". The public members of the board were often the ones to decide matters, as the labor and industry representatives adopted the expected partisan viewpoints. In discussions on the board, both labor and industry representatives tended to use strong language and arguments, although it was often for the sake of effect. The economist Dexter Merriam Keezer , who

5808-451: The board, in actions that affected over 12 million workers. In addition, they received over 450,000 requests for voluntary wage or salary changes, of which almost all were decided on by the board. These voluntary cases ended up affecting around 26 million workers. "During World War II, the National War Labor Board was the only large governmental agency that both used interest group representatives as formal members of collegial bodies and at

5929-430: The bullets hitting a few feet in front of the approaching crowd. A former unionist, on leave from the Korean War, sagged to the ground, hit by a ricocheted bullet. Seeing this, the strikebreakers hastily retreated into the mine, accompanied by a deputy sheriff. The news flashed through the mining district, triggering a general strike, which shut down all unionized mines in the district by 10 A.M.. Soon, over 600 men formed

6050-406: The center of Empire's property. Shortly after midnight, a businessman in Silver City, who was a union supporter, arranged a meeting between union representative Hollowwa and Chief Roach. Hollowwa then called a meeting of the men who were besieging the mine. They agreed to accept Roach's plan to escort Empire's employees out of the property. Empire Zinc's management claimed that it did not know of

6171-400: The company refused to bargain on housing issues. Negotiations remained deadlocked for over two months. On September 29, Graves placed advertisements to local newspapers and sent letters to its employees announcing a 5-cent hourly wage increase and an increase in the work week to 48 hours (actually 51 hours, including lunch). Empire alleged that the union had created an impasse, and did not want

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6292-456: The cost of living. The formula was unpopular with workers, who felt it limited them whilst businesses with large wartime contracts had no limits on the profits they were making. It was likewise unpopular with unions, who felt it violated their normal ability to bargain for higher wages. On the other hand, some fiscal conservatives did not like it either, thinking the increase provision was an insufficient brake on inflation. In any case, while

6413-434: The creation of the board was an above-the-fold story in the next day's New York Times . The twelve-member board had a tripartite structure, with four members from each of industry, labor, and the public. While tripartite arrangements had sometimes been used in the past, they were always in a voluntary or advisory arrangement; the War Labor Board was the first to do so in a body with more force behind it. The chairman of

6534-459: The cultural and historical significance of its depiction of the Empire Zinc strike . National War Labor Board (1942%E2%80%931945) The National War Labor Board , commonly the War Labor Board ( NWLB or WLB ), was an independent agency of the United States government , established January 12, 1942, by an executive order of President Franklin D. Roosevelt , the purpose of which

6655-479: The custom in American labor relations and were rarely meant to be taken personally. The National War Labor Board had the effect of displacing the pre-war National Labor Relations Board (NLRB) as the main focus of federal labor relations for the duration of the war. Although Roosevelt instructed the NWLB not to intrude on jurisdiction exercised by the NLRB, the War Labor Board did not honor this request, and at times

6776-426: The duration of the war and on having some kind of mediation board, the structure of which the Roosevelt administration would largely be able to determine. So the National War Labor Board was established by Roosevelt under Executive Order 9017, issued on January 12, 1942. Roosevelt said that "the national interest demands that there shall be no interruption of any work which contributes to the effective prosecution of

6897-460: The experience there as enabling her to learn much about the world of contracts and collective bargaining. Following the war's conclusion, she became a founding faculty member of the School of Industrial and Labor Relations at Cornell University and a pioneer in women acting as arbitrators. Black Americans found large-scale employment in the U.S. federal government as a consequence of the needs of

7018-449: The first time, many women and children joined them. Arrests were made, but as soon as picketers were arrested, more stepped in to take their places. No strikebreakers were able to enter the mine. Empire immediately requested a restraining order from District Judge Archibald Marshall, and he granted it the next day. The strikers met that night at the union hall to discuss their options—the discussions continued past midnight. Some called for

7139-571: The government and the policy of the Roosevelt administration, which declared in Executive Order 8802 in 1941 that there be no discrimination in hiring. The War Labor Board did not hire as many black workers as some government agencies did, with a 5½ percent black workforce compared to 12 percent for war agencies overall. However, those black employees that were hired were present across the nation, not just in Washington, D.C., and relatively few were in traditional custodial duties, with most of

7260-482: The growing unpopularity of Local 890 to order a return to work, and the state police allowed nonunion workers to return to work via a dirt road southwest of the main picket line. The union, worried by the threat of vigilante attacks, did not fight the reopening. By early October, the Steelworkers Union brought in organizers to Grant County, who called themselves the Grant County Organization for

7381-401: The heading, "What Happens When A Mob Runs Wild?". Chief Roach reestablished state police control, and advised Empire Zinc's employees not to approach picket lines. Peace returned with the state police presence. A previously planned national strike by the IUMMSW overshadowed the Empire Zinc strike for the next two weeks, until President Truman invoked the emergency injunctive powers he held under

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7502-399: The idea behind the Little Steel formula may have been simple to express, in practice there were often complicating factors and application of the formula by the War Labor Board became a very technical process. In addition, cases had to be resolved more quickly during the war than they might have during normal peacetime collective bargaining. The one large union that most frequently violated

7623-415: The injunction because it prohibited only "union members" from blocking the road. Most of the women present embraced the idea and said they were capable of handling the job. Most men were against it, saying it was too dangerous. After several votes, with all having a vote, a motion for the women to take over the strike lines for 24 hours passed by a small majority. The next day the women successfully defended

7744-748: The last of bodies being the Supply Priorities and Allocations Board for goods production and the National Defense Mediation Board for labor issues, but none of them were especially effective. In particular, the Mediation Board had proved unable to resolve a dispute in summer 1941 at the Federal Shipbuilding and Drydock Company in New Jersey, and then had become inconsequential following

7865-409: The mine because of the back-to-work petition. Company officials had already met with County Sheriff Leslie Goforth and District Attorney Thomas Foy and obtained assurances that the road to the mine would be opened. Goforth said he needed more deputies to deal with the union, and Empire promised to provide funds for 24 new deputies. The picket lines were reinforced by unionists from other mines and, for

7986-409: The miners. As the strike gained national attention, the issue of communist subversion, which was a national preoccupation in those years, began to overshadow the labor issues upon which the strike was based. A very public conflict between the Congress of Industrial Organizations (CIO) and the IUMMSW over political policy and charges of communist infiltration had played out in the years leading up to

8107-536: The more powerful Steelworkers Union. The 25th negotiating session between Local 890 and Empire Zinc was held in El Paso, Texas, at the Hilton Hotel on January 21, 1952. Local 890 gave up pay for all time spent underground and paid holidays, but Empire increased pay rates to more closely approximate those of other mining companies in the district. By giving an increase in hourly wages, instead of benefits, like

8228-453: The most serious violence of the strike on August 23. The previous day, the company's bookkeeper brushed union representative Bob Hollowwa with his car when driving through the picket line. In response, pickets nearly destroyed the bookkeeper's car. That evening, fifteen Empire employees met with Sheriff Goforth and made plans to attack the south picket line on the following morning. Goforth said he would back them with at least 20 deputies, but

8349-416: The national board but by the regional boards, or the panels and commissions. However, decisions of the regional boards and commissions and panels could be appealed to the national board. † Southern New Jersey was transferred from Region II to III shortly after creation ‡ Territorial War Labor Board for Hawaii, established June 1944 Table uses traditional abbreviations for states . The national board

8470-402: The national board, whereas panels could only make recommendations to the national board or regional boards. The commissions that handled the most cases during the war were those for West Coast Lumber, Trucking, and Tool and Die. Separately, disputes or voluntary wage increase cases involving the building and construction industry were not handled by the NWLB at all, but instead were referred to

8591-407: The necessary appropriations level for the board rose during the war; for the government fiscal year 1945, it was estimated at $ 15,596,000 (equivalent to $ 263,950,000 in 2023). The people hired were for the professional staff were mostly economists or those in other social sciences. The NWLB also heavily raided the National Labor Relations Board for staff, in the process significantly hindering

8712-633: The new board was William Hammatt Davis , a patent attorney from New York; he had been chair of the National Defense Mediation Board, which was abolished as part of Roosevelt's action. Roosevelt had confidence in Davis, and as Davis had established a reputation for being impartial during this prior stint, neither labor nor industry protested his being named to head the new entity. "... the National War Labor Board and its component parts had four basic functions to perform. First,

8833-782: The no-strike pledge was the United Mine Workers . Their leader, John L. Lewis , had endorsed the pledge, but he intensely disliked the Little Steel formula. Mine workers felt even moreso, and staged several prolonged walk-offs, authorized or otherwise, during 1942 and 1943. In particular, the workers considered the Little Steel limits unfair: the onset of the war had created a surge in demand for coal which in turn had increased their exposure to dangerous conditions and resulting mining accidents, and indeed, from December 1941 through May 1943, total U.S. mine workers killed and injured exceeded total U.S. armed forces casualties of killed, wounded, and missing. The Roosevelt administration

8954-517: The other agency's operations. Many male staff members of the war agency boards ended up getting drafted into military service. The board had difficulty in recruiting professional staff for that reason, and also because there were few people with experience in industrial relations or with wage stabilization. The economist Jean Trepp McKelvey worked for the War Labor Board as a hearing officer and arbitrator; working in Region II, she later recalled

9075-519: The other hand, were approximately the same in all western mining districts. In contrast to the film, Salt of the Earth , hours and wages were the major focus of the strike and negotiations, rather than safety and discriminatory housing. Negotiations for a new contract began on July 18, 1950. Representing Local 890 were international union representative Clinton Jencks , president Cipriano Montoya, vice-president Ernesto Velasquez, Vicente Becerra, Pablo Montoya, and Fred Barreras. Charles Graves,

9196-544: The other parts. The movie offered a fictionalized version of the strike, with a company named "Delaware Zinc" operating out of "Zinctown," New Mexico. Police harassment continued during filming, and the day after the filmmakers left town, Local 890's union hall burned in a fire of mysterious origin. Directed by Herbert Biberman of the Hollywood Ten blacklist, written by Michael Wilson , and produced by Paul Jarrico (both of whom had also been blacklisted ), Salt of

9317-562: The passage of legislation such as the National Industrial Recovery Act of 1933 and the Wagner Act of 1935 , attained a strong position in industries such as steel, oil, rubber, and automobiles. Normally, the United States did not engage in forms of wage and price controls except under wartime conditions (the first peacetime attempts would not occur until the early 1960s and especially in 1971). Following

9438-548: The peace, not to enforce the injunction. Mechem then addressed county residents in a radio broadcast on KSIL, a local station. He made thinly veiled references to communists, and stressed the importance of zinc production for the war effort, but he did not criticize either Local 890 or Empire Zinc, and offered to mediate the dispute. Empire remained silent on the Governor's offer of mediation, even though Local 890 immediately accepted his offer. Chief Roach and Captain Bradford of

9559-427: The picket lines to find work and many others asked the strike committee to allow them to get jobs. Many of the miners who were released from strike duty complained about having to give 25% of their wages to the strike fund, and the rate was eventually lowered to 15%. Empire seized the opportunity to undermine the union, regularly sending letters to strikers, urging them to return to work. An attempt in Local 890 to hold

9680-451: The pickets formed a human wall and pushed the car back until it hit the truck behind it. Rocks rained down on all three vehicles. Odell Hartless, driver of the truck, crouched down low in the cab and revved his engine. Suddenly the truck roared through the picket line, pushing the disabled car in front of it, running over three women who couldn't get out of the road in time. Marvin Marsh, in

9801-540: The plan to attack the strike line, but a labor relations manager for New Jersey Zinc, David Peiffer, had arrived at the mine shortly before the attack began, and stood along with Empire Zinc's mill superintendent, Clarence Snell, taking pictures when the attack occurred. Those dramatic pictures are preserved in District Court records. On the following morning, Empire ran a full-page ad in the Daily Press under

9922-777: The power to seize factories and plants. This threat tended to be more effective against violations by management than against violations by labor. In practice, the board established what one scholar has called a "common law of industrial relations", built up over a series of decisions and precedents from the regional boards and panels and commissions and considered as precedents or not by the national board. Penalties for giving wage increases higher than NWLB regulations permitted could involve disallowing those payments as allowed costs for tax calculations or for contracting bids. Penalties for unions that were flaunting regulations could include removal of overtime or shift premium benefits or removal of union security provisions. One scholar has described

10043-458: The purposes of the two bodies were at odds. From 1942 to 1945, the NRLB chairman, Harry A. Millis , tried to secure a jurisdictional agreement with the NWLB, but these discussions proved fruitless and Millis broke them off near the conclusion of the war. Throughout the course of the war, the NWLB received a total of 20,692 dispute cases. Some 17,650 of these cases were resolved in some fashion by

10164-417: The question for the new War Labor Board to decide. In early 1942, the board resolved the matter by putting into place a "maintenance of membership" arrangement, wherein existing union members had to remain union members, with union dues often paid via an automatic checkoff , but neither a closed shop nor a union shop was required and new employees were not obliged to become union members. In June 1942 this

10285-405: The right to use grievance procedures for new employees. Empire Zinc still refused to bargain over housing conditions, and demanded that the strikers double their housing payments until the company collected all delinquent rent. Nevertheless, Empire notified workers shortly after they returned to work that indoor plumbing, hot water, and baths would be provided to Hispanic housing. The message: this

10406-491: The roads into Empire Zinc's property. In the Silver City Enterprise, a paper that had sympathized with the miners throughout the strike, the editor wrote: "We still condone and smirk at the use of power and wealth, both private and state, to crush... opposition." Shortly after Mechem's order, Empire asked for and received another contempt charge against the union. Judge Marshall planned to fine IUMMSW $ 2,000

10527-500: The same time gave those bodies quasi-legislative, quasi-judicial, and administrative power." —Allan R. Richards, University of New Mexico, 1952 While, following Pearl Harbor, unions had readily agreed to forego strike actions for the duration of the war, an ongoing and more difficult issue to resolve was that of union security – whether there would be open shops or closed shops , with business and labor taking predictably opposite sides. President Roosevelt decided to leave

10648-452: The sidelining of Jencks. When Gov. Mechem learned that negotiations had left the parties in a stalemate, he withdrew state police from the picket lines, and declined to call for more negotiations. As soon as state officers left, Empire resumed attacks on the picket lines, and hired two particularly aggressive special deputies, Marvin Mosely and Robert Capshaw, to organize daily skirmishes with

10769-493: The special deputies and strike breakers. With state police guarding the courtroom, District Judge Marshall levied fines of $ 4,000 on both the local and international unions, and sentenced members of the negotiating committee to 90 days in jail. Marshall told them that he would suspend half the fines and all of the jail terms if the union would clear the road, but he didn't expect that to happen, so he immediately met with Grant County Bar Association President Charles Royall to draft

10890-412: The stalled auto, scrambled back to the police cars after a fusillade of stones shattered his windshield and side windows. As pickets helped protect the injured women, others ran down the road toward the mine where the strikebreaker's truck had parked. Someone in the truck yelled at the advancing men to stop; the driver's son, Carlyon Hartless, pulled out .45 pistol and fired five times toward the strikers,

11011-589: The start of World War II in Europe in 1939, even though the United States was not yet itself at war, the country began an economic mobilization ; it was considered as almost obvious that the government would have to put into place some kind of program to prevent or bring to an immediate end strikes, if the mobilization was to be effective. Under the Roosevelt administration , several federal entities began overseeing industrial production and industrial relations ,

11132-574: The state police patrolled the picket lines. In a 1977 interview, Bradford stated that "public sentiment is, and was back then, 'to heck with the strikers'.... The deputies were causing trouble; we didn't need them. We did not try to enforce the court orders, leaving this to the sheriff....We were aware of the communist affiliation...but it was not a case of espionage or sabotage; it was just an upheaval in the...community." Governor Mechem's call for negotiations eventually brought New Jersey Zinc's vice president of employee relations to personally meet with

11253-637: The story. On June 24, the Federal Mediation and Conciliation Service called on Empire and Local 890 to allow them to arbitrate the issues. Local 890 accepted, but Empire rejected the offer. Editorials in the Silver City Daily Press became increasingly hostile to the union and openly racist. Todd Ely, editor of the Daily Press , wrote: "Mexico, of course, is poverty stricken because its early settlers lost their identity in

11374-460: The strike lines and confidently returned to the union meetings to secure an open-ended extension of their status as defenders of the strike line. On June 16, Sheriff Goforth and his new deputies made a full-scale assault on the picket line using tear gas to disperse the women picketers. They withstood the assault, but Goforth arrested 62 people: 45 women and 17 children. District Attorney Foy asked New Mexico Governor Edwin Mechem for assistance, but he

11495-453: The strike, and had resulted in the expulsion of IUMMSW from the CIO. Even more publicity over this issue occurred when Maurice Travis, President of the IUMMSW, and Nathan Witt, its chief counsel, traveled to Silver City to attend a hearing on the extension of the injunction against blocking Empire's mine road. Both were either former or current members of the CPUSA . Travis, a large man who wore

11616-493: The strike. "Jencks had the ball there for quite some time and wasn't able to do anything with it," explained Mechem. "We were just hoping it would probably die a natural death; and, as a result, would lose a lot of its force as far as enhancing the position of the Communist Party or Jencks himself." Mechem therefore ordered state police officers to replace the special deputies patrolling the picket lines, but only to keep

11737-517: The task. At first, the board created a system of regional entities; but as these bodies had advisory capabilities but little final authority, this arrangement proved insufficient as well. So in January 1943, the board announced the establishment of twelve Regional War Labor Boards, which were tripartite replicas of the national board and which could determine settlements for both voluntary and dispute cases. Each regional board had four divisions:

11858-399: The union had to provide several hundred thousand dollars in bonds to be able to appeal a growing number of court decisions against it. Almost every car, lot, and home owned by union members had been pledged in property bonds. The Executive Board of IUMMSW fired Hollowwa, who was very popular among the rank and file members of Local 890, for not following their directives. The Ladies Auxiliary,

11979-471: The union's position amounted to new demands and rejected it. Local 890 turned to demonstrations and sit-down protests at the Sheriff's office and the Daily Press's offices. Empire offered half-pay to any worker who was willing to attempt breaking through the picket lines, which led to daily clashes between strike breakers and pickets. Women pickets resorted to rocks and ground chile pepper to bruise and blind

12100-407: The union. IUMMSW's executive board, headed by Travis, conducted negotiations instead of Local 890. Travis was desperate for a settlement, again proposed arbitration, and hinted at concessions, but could get no cooperation from New Jersey Zinc. Jencks and Velasquez objected to Travis' soft line but were overruled. Many in Local 890 were unhappy about IUMMSW's defeatist attitude toward the strike, and

12221-547: The war effort. In particular, in 1943 the board issued an order abolishing pay differentials based on race, saying that "the Negro is necessary for winning the war." The War Labor Board extended this principle to cover areas such as promotions, merit increases, and job classifications. Following passage of the Stabilization Act of 1942 , President Roosevelt created, via Executive Order 9250 issued on October 3, 1942,

12342-504: The war" and put into place a settlement. It administered wage control in national industries such as automobiles, shipping, railways, airlines, telegraph lines, and mining. The board was additionally divided into twelve Regional War Labor Boards which handled both labor dispute settlement and wage stabilization functions for specific geographic sections of the country. The board also had a number of commissions and panels set up to deal with certain specific industries. Important decisions

12463-449: The war". The NWLB was given the authority to "finally determine" any labor dispute which threatened to interrupt war production, and to stabilize union wages and benefits during the war. The United States Congress had no role in the creation of the board. The executive order which created the NWLB was imprecise in delineating its jurisdictional responsibilities, a lacuna which later would lead to some bureaucratic frictions. In any case,

12584-437: The women pickets. Foy and Goforth publicly criticized the state police and called for more special deputies. State Police Chief Joe Roach responded: "if conditions again get out of hand, it can in all probability be directly chargeable to the sheriff and district attorney, and this department would rather have no hand in it." Clashes between special deputies and the women pickets occurred daily in August, 1951, culminating in

12705-464: Was a public member of the national board in the later stages of the war, noted that the board's business was conducted in a "socially rugged manner" in which "it was commonplace to have charges ranging from those of deceitfulness, venality, and vulgar avarice to the relatively mild accusation that one was being willfully and stubbornly obtuse tossed around the Board and accented by shouting and table pounding." Nevertheless, Keezer said, such accusations were

12826-453: Was a victory. Witt said it was as good as the membership made it. Pablo Montoya was more sober, calling for a pilgrimage to a poor Hispanic village, where all of the strikers could "feel honorable with a clear heart and conscience." The following year, the movie Salt of the Earth was filmed in Silver City, with American actor Will Geer and Mexican actress Rosaura Revueltas in leading roles. Local miners and their families played most of

12947-482: Was able to recruit only 10 for the confrontation. Most of Empire's employees were armed. Opposing them were 75 women, men, and children. Goforth's force waited for almost an hour while Goforth argued with the pickets. Goforth finally told the pickets that the road was public and they had the right to drive through the picket line. Hearing this, pickets jerked open the hood of the lead car and tore off its spark plug wires. The other two vehicles started their engines, but

13068-546: Was acquired by the Hudson Bay Mining and Smelting Company in the 1970s. The 1954 movie " Salt of the Earth " was based on the 1951 Empire Zinc Strike against New Jersey Zinc Company's Empire Zinc mine in Bayard, New Mexico . This article about a mining-related corporation or company is a stub . You can help Misplaced Pages by expanding it . Empire Zinc strike The Empire Zinc strike , also known as

13189-534: Was aghast, replying that all picketers should be released on their own recognizance, and stating that the NM State Police would not serve as strike breakers. At first, the DA told the women he would release them if they would promise to stay away from the picket lines, but they steadfastly refused. Late that night, he relented and let them go without conditions. Time and Life magazines and the New York Times covered

13310-401: Was disturbed by the threat of wages increases continuing to cause inflation, in particular those given by the War Labor Board under the inequities exception to the Little Steel formula. On April 8, 1943, President Roosevelt issued Executive Order 9328; this was a "hold-the-line" directive regarding further increases in prices affecting the cost of living and increases in wages and salaries, with

13431-470: Was further decentralized starting in late 1942, when it established special commissions and panels to deal with specific industries on a national, rather than regional, basis. Like the regions, the commissions and panels also adopted the national board's tripartite structure. These entities included the following: The difference between the two kinds of entities was that commissions were empowered to make final decisions, subject only to possible review by

13552-406: Was further refined by adding a fifteen-day escape period for new union members to drop their membership, although in practice few new workers would choose to do so. The "maintenance of membership" scheme remained in place for the duration of the war, eventually covering around three million workers, and did much to contribute to the growth of unions during the period. One of the board's mandates

13673-420: Was in contrast to the titan of the industry, U.S. Steel .) Employees of the four companies wanted wage increases of a dollar a day. After hearing arguments for and against, the War Labor Board decided that wage increases should be bounded by the national cost of living increase between January 1941, when prices were stable, and May 1942, when the United States had introduced various anti-inflation measures. Using

13794-563: Was intent on breaking the union. As the strike went on inconclusively for months, the leadership of IUMMSW increasingly felt that it could not be won, and urged Clinton Jencks, its representative in Grant County, to convince the strikers to accept Empire's offer. When Jencks and a majority of Local 890's membership refused to give up, IUMMSW's executive board voted to take control of the strike and negotiations. Following this development, dissent simmered within Local 890. A few men deserted

13915-403: Was limited among Hispanic miners. Nevertheless, the scores of advertisements the Steelworkers Union ran in the Daily Press, contrasting "God, Truth, and Democracy" to the "godless, lying, and dictatorial IUMMSW, hurt Local 890. As Local 890 became more unpopular with the public, the state and local courts increasingly pressured the union with jailings, fines, and jail bonds. By the end of 1951,

14036-414: Was limited to settling disputes filed with it, the board had fewer than 100 employees. By 1944, the War Labor Board had over 2,400 employees. The board reached its peak staffing level in mid-1945, when it had 2,613 full-time employees. In addition, at that peak the board's staff included close to 2,000 others who were either part-time, and paid on a per diem basis, or were on an unpaid basis. Similarly,

14157-428: Was not just a direct military cost but also a public outrage over the sight of, as one study puts it, "workers' laying down tools [while] men are shouldering arms on battle fronts, the possible danger to the security of loved ones". A major labor-management conference took place in December 1941, and while labor and industry representatives could not agree on everything, they did agree on a no-strike, no-lockout pledge for

14278-643: Was stated as "proportionate rates for proportionate work". There was also a question of how to judge wages across different jobs; the War Labor Board formulated a rule of "equal pay for comparable quantity and quality of works on comparable jobs". Regarding discrimination in terms of race, the War Labor Board followed the dictates of the Fair Employment Practice Committee , which enforced the Roosevelt administration's 1941 order banning discriminatory employment practices by federal agencies, unions, and companies engaged in work related to

14399-582: Was to ensure that any wage increases granted during a dispute case would not disrupt the wage structure of the nation as a whole and not contribute to ongoing inflationary pressures. These pressures were due to shortages , both in goods and in the labor supply. A key development in this regard came with the "Little Steel" hearing and decision of July 1942. The hearing arose from a wage dispute between union demands and four so-called "Little Steel" companies: Bethlehem Steel , Inland Steel , Youngstown Sheet and Tube , and Republic Steel . (The appellation

14520-483: Was to mediate labor disputes as part of the American home front during World War II . The twelve-member board had a tripartite structure, with four members from each of industry, labor, and the public, with William Hammatt Davis as its chair. Acting as an arbitration tribunal, the board had the effect of replacing normal collective bargaining during the course of the war, as it could intervene in any labor dispute that it saw as endangering "the effective prosecution of

14641-403: Was to offer to organize a sheriff's posse to help him police the strike. Local businesses who advertised on the local radio station, KSIL, forced the radio station to cancel Local 890's bi-weekly radio program. Both Jencks and his wife, also an activist, were attacked and injured in separate incidents. In Jencks case, the punishment for his attacker was a one-dollar fine. Empire took advantage of

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