Mr. KENNEDY. Did he come to the office and threaten you and Mr. Caggiano? Mr. GILBERT. He threatened me. Mr. KENNEDY. Mr. Caggiano was there? Mr. GILBERT. Yes. Mr. KENNEDY. And Mr. Caggiano said nothing? I mean, he didn't take any position on it; is that right? Mr. GILBERT. Well, he told him that he was mistaken. Mr. KENNEDY. So the picket was removed? Mr. GILBERT. The picket was removed. Mr. KENNEDY. Mr. Breheney was nonunion at the time? Mr. GILBERT. That is right. Mr. KENNEDY. And the picket line was removed? Mr. GILBERT. That is right. Mr. KENNEDY. What was the reason for it? Mr. GILBERT. Well, he took the picket away from the place and brought him back to the union. Mr. KENNEDY. Why, if he was nonunion? Because Mr. Breheney got so angry? Mr. GILBERT. I imagine so, and when he took the picket away, the picket got scared and quit and I had no one else to send. Mr. KENNEDY. Breheney was an associate of Dutch Schultz at one time? Mr. GILBERT. I wouldn't know about that. Mr. KENNEDY. Did many people come to your union meetings? Mr. GILBERT. Not too many. Mr. KENNEDY. Mostly just the officers? Mr. GILBERT. The officers and some members that were unionminded. Mr. KENNEDY. More than two or three? Mr. GILBERT. Well, sometimes 2 or 3, and sometimes 20. Mr. KENNEDY. Was the union ever in need of money for operating purposes? Mr. GILBERT. At the end of each month we were always in need of money to pay the salaries. Mr. KENNEDY. Where did you get the money? Mr. GILBERT. Well, Mr. Caggiano would borrow it somewhere. Mr. KENNEDY. Did he borrow money from the operators? Mr. GILBERT. Yes. Mr. KENNEDY. The operators would advance the money? Mr. GILBERT. Advance the money on future labels. Mr. KENNEDY. For the operations of the union? Mr. GILBERT. That is right. Mr. KENNEDY. Thank you. Mr. GILBERT. Thank you. The CHAIRMAN. Are there any further questions? Senator CHURCH. I have just one or two, Mr. Chairman. Did you ever have any dealings directly with the employees, that is to say, did you ever go to them directly and attempt to get them to become members of the union? Employees of the operators, I mean. Mr. GILBERT. Employees? Of course. I knew every one of them and I always talked union to them. Senator CHURCH. Did you ever undertake to do any bargaining for them or on their behalf with the operators concerning wages or hours? Mr. GILBERT. That wasn't my concern. Senator CHURCH. That wasn't your concern? Senator CHURCH. To your knowledge, did the president of local 433 or 465 ever Mr. GILBERT. I wasn't in 433. Senator CHURCH. You were in 465? Mr. GILBERT. 465. Senator CHURCH. Did the president of local 465, to your knowledge, ever have any negotiations concerning wages, hours, or working conditions with the operators? Mr. GILBERT. Yes. We had a contract drawn up. Senator CHURCH. Between the union and the operators? Mr. GILBERT. And the operators. Senator CHURCH. You never had any difficulties, though, between the employees and the operators, did you; that is, no strikes or anything? Mr. GILBERT. We never had any trouble; no. Senator CHURCH. As a matter of fact, would you say that these workers, as far as wages and hours are concerned, were not in need of a union? Mr. GILBERT. No. They were well paid. Senator CHURCH. It was just the operators who were in need of a union? Mr. GILBERT. That is right. Senator CHURCH. That is all, Mr. Chairman. The CHAIRMAN. All right. Mr. GILBERT. Thank you, sir. Thank you very much. The CHAIRMAN. Call the next witness. Mr. KENNEDY. Mr. Chairman, now we are going to call a person who actively worked at this trade, an employee. I would like to call Mr. George Kolibash. The CHAIRMAN. Mr. Kolibash, come forward. You do solemnly swear that the evidence you shall give before this Senate select committee shall be the truth, the whole truth, and nothing but the truth, so help you God? Mr. KOLIBASH. I do. TESTIMONY OF GEORGE KOLIBASH The CHAIRMAN. What is your name? Mr. KOLIBASH. George Kolibash, 441 West 50th Street. I am a self-employed mechanic. The CHAIRMAN. You are a self-employed mechanic? Mr. KOLIBASH. Yes. The CHAIRMAN. You waive counsel, do you, Mr. Kolibash? Mr. KOLIBASH. Yes. The CHAIRMAN. All right, Mr. Kennedy. Mr. KENNEDY. You are a free-lance mechanic; is that right? Mr. KOLIBASH. Free-lance mechanic. Mr. KENNEDY. You are engaged in a partnership at the present time with another man? Mr. KOLIBASH. Yes. Mr. KENNEDY. And you serve about 10 operators? Mr. KOLIBASH. About 10 operators. Mr. KENNEDY. And service approximately 120 machines? Mr. KENNEDY. You are paid at the rate of $2 per machine? Mr. KOLIBASH. Yes, sir. Mr. KENNEDY. And you pay your own expenses, except the cost of parts? Mr. KOLIBASH. Yes, sir. Mr. KENNEDY. That is $2 per machine per week; is that right? Mr. KENNEDY. So that is some $240 for the two of you? Mr. KOLIBASH. Well, we also answer spot calls where we make a few bucks more every week. Mr. KENNEDY. How many hours do you work? Mr. KOLIBASH. I would say the average is between 10 and 12 hours a day. Mr. KENNEDY. How many days a week? Mr. KOLIBASH. Six days a week. Mr. KENNEDY. Do you have any vacations? Mr. KOLIBASH. No. I have had one in the last year for the first time in 7 years. Mr. KENNEDY. The first time in 7 years? Mr. KOLIBASH. Yes. Mr. KENNEDY. That is, since you have been working at this? Mr. KOLIBASH. Yes. Mr. KENNEDY. Otherwise you have worked a 6-day week? Mr. KOLIBASH. A 6-day week. Mr. KENNEDY. At least 10 hours a day? Mr. KOLIBASH. Ten hours a day. Mr. KENNEDY. In view of that, you were anxious to have a union; is that right? Mr. KOLIBASH. That is true. Mr. KENNEDY. And to try to improve the wages, hours, and conditions of the employees? Mr. KOLIBASH. That is right. Mr. KENNEDY. And as far as the freelance mechanics, they were the ones that needed the help and assistance; is that right? Mr. KOLIBASH. That is right. Mr. KENNEDY. The self-employed people, of course, would take care of themselves, but the freelance mechanics are the ones that have to work the hours and conditions that you do? Mr. KOLIBASH. That is right. Mr. KENNEDY. You have to be available all the time; is that right? Mr. KOLIBASH. That is right. Mr. KENNEDY. You have been in this game machine field for about 23 years? Mr. KOLIBASH. That is right. Mr. KENNEDY. Prior to 1951 you worked for a number of different operators? Mr. KOLIBASH. That is right. Mr. KENNEDY. In June 1951, you and a group of self-employed mechanics joined Cagiano's local 465? Mr. KOLIBASH. That is right. Mr. KENNEDY. For the reason that you have described, that you wanted to improve the working conditions? Mr. KOLIBASH. That is right. Mr. KENNEDY. And you were subsequently elected recording secretary of local 465? Mr. KOLIBASH. That is right. Mr. KENNEDY. Have few members attended the meetings! Mr. KOLIBASH. Very few. Mr. KENNEDY. And ordinarily it was just the union officers that were present? Mr. KOLIBASH. That is right. Mr. KENNEDY. Very seldom did any members actually come? There were between 150 and 200 members in the union? Mr. KOLIBASH. Yes. Mr. KENNEDY. And 15 to 20 were self-employed, freelance mechanics? Mr. KOLIBASH. That is right. Mr. KENNEDY. And the remaining were actually operators; is that right? Mr. KOLIBASH. They were either operators or employed mechanics. Mr. KENNEDY. But the union was dominated by operators themselves? Mr. KOLIBASH. That is right. That is, in numbers. Mr. KENNEDY. What benefit did the operators receive from the union? Mr. KOLIBASH. Well, their main benefits was the picket. Mr. KENNEDY. The picket? Mr. KOLIBASH. That is right. Mr. KENNEDY. The union would provide the picket for them? Mr. KENNEDY. You would agree with the previous witness when you have an association that you have to have a picket? Mr. KOLIBASH. That is true. Mr. KENNEDY. That is, to have it successful? Mr. KOLIBASH. That is right. Mr. KENNEDY. So local 465 would provide the picket for the member of the association? Mr. KOLIBASH. That is right. Mr. KENNEDY. The owner-operators in the union were required to pay not only the dues but they were required to pay the label fees? Mr. KOLIBASH. That is right. Mr. KENNEDY. And the label fees were what financed the picket? Mr. KOLIBASH. I didn't hear you. Mr. KENNEDY. The label fees were what financed the picket? Mr. KOLIBASH. That is right. Mr. KENNEDY. I have the minute book here of local 465, which states that The new contract between our local 465 and the association read, discussed and accepted by our membership. Motion made to accept new contract and ratify same. That is November 3, 1954. The CHAIRMAN. Did you keep the minutes of that meeting? The CHAIRMAN. I present to you what purports to be the original minute book of your local. I will ask you to examine it at page 20 and 21, and state if those are the original minutes of your meeting, and if you recorded those minutes. (The document was handed to the witness.) Mr. KOLIBASH. These are the original minutes and I recorded them. Mr. KENNEDY. The only point there is that the new contract of November 3, 1954, between 465 and the association was read at that time and agreed to. Mr. KOLIBASH. Yes, sir. Mr. KENNEDY. I notice on page 21, some 2 weeks later, a special meeting was called on November 17, 1954, and the meeting was called by you as recording secretary. The reason was to correct or alleviate some or all of the poor working conditions of the servicemen and mechanics "in our industry." Then you proceed to enumerate them. No. 1, the workday is too long, 10, 12, or 14 hours a day. No. 3, the standard rate of service charged per week per game is too low. There is too much chiseling going on. No. 4, taking abuse from location owners. No. 5, being expected to make collection, delivery, prices, cleaning machines. No. 9, get paid vacations, paid holidays. No. 10, being allowed to get sick with no fear of losing work. You have a total of 16 complaints. Why hadn't that been all included in the contract that you had agreed to a week before? Mr. KOLIBASH. Well, after that contract was read, I realized that that contract wasn't meant for my group. Mr. KENNEDY. It didn't help you people at all? Mr. KOLIBASH. No, that only benefited the employed mechanics. Mr. KENNEDY. Who were the employers? Mr. KOLIBASH. The hourly paid people. Mr. KENNEDY. The self-employed people? Mr. KENNEDY. The people who were hourly and self-employed? Mr. KENNEDY. I mean the owner-operators? Mr. KOLIBASH. That is right. They got the benefit of that contract. The CHAIRMAN. Did you have this meeting in which you listed all of these grievances or matters that you thought should receive attention? Mr. KOLIBASH. Then I called this meeting. The CHAIRMAN. What happened? Did you get any of these things corrected? Mr. KOLIBASH. None of them. The CHAIRMAN. As far as you know, do they still persist in the industry? Mr. KOLIBASH. They still exist. The CHAIRMAN. Sir? Mr. KOLIBASH. They still exist. The CHAIRMAN. None of them have been corrected? |