Mr. MCCANN. Later on I decide to buy my own jukebox. Mr. KENNEDY. Did you have a written contract with the operator of the jukebox? Mr. MCCANN. No written contact, no. Mr. KENNEDY. What happened on that? Well, what kind of an agreement did you have with them? Mr. MCCANN. I did have a verbal agreement with Joe Hannon, of Gordon Amusement Co., that he would receive the first $15 that the machine would make. The machine was only making around $15 per week; $15, $16, $14, and I wasn't making any money at all from the machine. Mr. KENNEDY. Do you mean if it made $16, for instance, you would get 50 percent Mr. MCCANN. Fifty percent of anything over the first $15. Mr. KENNEDY. What was the average that it was making? Mr. KENNEDY. What if it made $12? Mr. MCCANN. Then he would take the $12. Mr. KENNEDY. What would he tell you? Mr. MCCANN. Well, he just took the $12. Mr. KENNEDY. Did he tell you anything about the $3? Mr. MCCANN. Well, no, he just said he would take the whole $12. Mr. MCCANN. That is right. Mr. KENNEDY. You decided to replace it? Mr. MCCANN. I decided to buy my own machine. Mr. KENNEDY. What happened? Mr. MCCANN. He said if I bought my own machine, I would run into union difficulties. That is where 1690 came in. Mr. KENNEDY. That was local 1690? Mr. MCCANN. Correct. Mr. KENNEDY. So what did you do? Did you offer to join the union? Mr. MCCANN. I did offer to join the union, but they told me I would have to have a minimum of 20 machines in order to join. Mr. KENNEDY. Did you ever talk to any union official? Mr. MCCANN. I believe I spoke to Mr. Howard Henry. Mr. KENNEDY. He is the treasurer? Mr. MCCANN. I came down from my store. Mr. KENNEDY. Did you speak to him at that time and say that you would join the union? Mr. MCCANN. I did speak to him about it. Being I only had one machine, he said I couldn't join the union with one machine. Mr. KENNEDY. Did you offer to hire a union mechanic? Mr. McCANN. I offered to, but he said I couldn't do that, because I, myself, was not a member of the association. Mr. KENNEDY. Did you say to him anything about the difficulty of getting 20 locations? Mr. MCCANN. I told him if it was that difficult for me to acquire my own machine on my own premises, it would be very difficult for me to get the 20 locations. He just laughed. Mr. KENNEDY. How did you finally resolve that? Mr. MCCANN. He said if I could make a settlement with Hannon, then everything would be all right. I made the settlement with Mr. Hannon. I gave him $175 and he removed his machine and I in turn bought my own. Mr. KENNEDY. Did he agree there would be no picket line? Mr. MCCANN. Yes. The CHAIRMAN. Have you ever joined either the union or the association? Mr. MCCANN. I did later on. Senator CHURCH. When did all this happen? First of all, you talked about the game machine and then the jukebox. Can you tell us what the dates were? Just approximately. Mr. MCCANN. The exact dates I don't know. Senator CHURCH. With respect to both? Mr. MCCANN. No. I think it was about 6 months or maybe a year later on, between the game and the jukebox. Senator CHURCH. So you had this game machine in 1955, and about 6 months later you had trouble with the jukebox? Mr. MCCANN. Yes. Senator CHURCH. Did you have any difficulty buying these machines? Mr. MCCANN. No. No difficulty. Senator CHURCH. Where did you buy them? Mr. MCCANN. Right on 10th Avenue where they sell machines. I just went down and bought one, with no difficulty. Senator CHURCH. The machines you bought, then, were new machines? Mr. MCCANN. I bought new machines; yes. The CHAIRMAN. Did you find them profitable afterward? Mr. MCCANN. Pardon? The CHAIRMAN. Did you find them profitable after you bought them? Mr. MCCANN. Yes. Mr. KENNEDY. Subsequently you sold the bar; is that right? Mr. MCCANN. That is right. Mr. KENNEDY. That was at the end of 1955 that you sold the bar? Mr. MCCANN. Yes; 1955 I sold it. Mr. KENNEDY. And you started an amusement company of your own? Mr. MCCANN. That is correct. Mr. KENNEDY. You thought that this sounded so profitable? Mr. MCCANN. Well, the machines in my place were doing very good, because I was probably pushing the machines myself, but then I decided to go into the business myself. Mr. KENNEDY. Did you make the same deal with the new bar owner about getting the first $15? Mr. MCCANN. I did. I did make the same deal with him, but after the first couple of weeks he realized the machine was only doing around $15 a week and I made it 50-50. Mr. KENNEDY. So what arrangement did you make then? Mr. KENNEDY. You gave him a better deal than you had gotten? Mr. MCCANN. Yes. Even though I did have a contract with him for the $15, when I sold the bar I had a written agreement with him, that I receive the $15. But actually it was only doing $15, so I couldn't collect that kind of money from him. Mr. KENNEDY. During the first year in business for yourself, you jumped other locations and you were able to get 15 spots; is that right? Mr. MCCANN. I did; yes. Mr. KENNEDY. During that period, you were nonunion and selfemployed? Mr. MCCANN. Correct. Mr. KENNEDY. Here is another extremely important point. I guess you sold that bar in July of 1955? Mr. MCCANN. July of 1955; yes. Mr. KENNEDY. In September of 1955, you went to the Parkchester Inn in the Bronx? Mr. MCCANN. Yes. Mr. KENNEDY. And did you get a machine placed there? Mr. MCCANN. I did. I made an agreement with the owner. Mr. MCCANN. A game machine. Mr. KENNEDY. What happened there? Mr. MCCANN. Well, there was a picket put on. Mr. KENNEDY. After you took it over? Mr. MCCANN. That is right. Mr. KENNEDY. And that was from local 433 of the Retail Clerks? Mr. MCCANN. Yes, sir. Mr. KENNEDY. They put a picket line on, and somebody else's game machine was replaced by yours? Mr. MCCANN. That is right. Mr. KENNEDY. So what happened then? Mr. MCCANN. Well, the picket was on for quite a period of time, and then the owner started to complain about the picket, and so Í made an agreement and I paid $100 to the operator who had the machine in there previously, and then the picket was removed. Mr. KENNEDY. You never became union yourself? Mr. MCCANN. Not up to that time. Mr. KENNEDY. You didn't become union at that time? Mr. MCCANN. At that time, no. Mr. KENNEDY. You just paid $100 to the former location owner, and then the picket was removed? Mr. MCCANN. That is correct. Mr. KENNEDY. Once again showing that the picket was placed there not to try to get the people to sign up, but in order to help the operator. The CHAIRMAN. It was a shakedown, that is what it was, wasn't it? Mr. MCCANN. It was for the protection of the operator, that is what the union was for. It was to protect locations. Mr. KENNEDY. The union was run by Mr. Al Cohen and Mr. Caggiano. The CHAIRMAN. The operator had already sold out? Mr. KENNEDY. No, this is a location where he went in and gave the location owner a better deal. Then they took his game machine and threw the other game machine out, and the picket line appeared; and then when he paid the other operator $100, the picket was removed. Then, at the Club 988 in the Bronx, you jumped a location there? Mr. MCCANN. I did. Mr. KENNEDY. They had a collective bargaining agreement, the former operator, with Local 1690 of the Retail Clerks? Mr. MCCANN. I believe he did. Mr. KENNEDY. The picket appeared? Mr. MCCANN. They picketed the place for about maybe 2 to 3 months, but it was a night club, and the picketing was done in the daytime and it didn't do any harm. Mr. KENNEDY. And then they went away; is that right? Mr. MCCANN. Then he finally went away. Mr. KENNEDY. And you didn't join the union? Mr. MCCANN. Not at that time, no. Mr. KENNEDY. And then you joined Local 433 of the RCIA in September of 1956; is that right? Mr. MCCANN. Yes. Mr. KENNEDY. And you joined up with Seymour Howard and the M. & H. Vending Co. to do business in the jukebox field? Mr. MCCANN. That is right. Mr. KENNEDY. Now, M. & H. at that time had no union membership initially? Mr. MCCANN. Not that that time. Mr. KENNEDY. And you started jumping locations; is that right? Mr. MCCANN. Yes. Mr. KENNEDY. And paying bonuses to location owners? Mr. MCCANN. Wherever there was no contract involved. Mr. KENNEDY. And when you jumped locations where there were contracts with local 1690, or had 1690 members, the representative of the local came out and threatened to picket? Mr. MCCANN. Yes, sir. Mr. KENNEDY. Now, in December of 1956 you were approached by Mr. Moe Bloom, an operator who was a local 1690 association member? Mr. MCCANN. Yes, sir. Mr. KENNEDY. And he wanted you to go to see Al Cohen about joining 531 of the UIU? Mr. MCCANN. Yes, sir. Mr. KENNEDY. Did you go down and see Mr. Cohen? Mr. MCCANN. I did. Mr. KENNEDY. Could you tell us what happened? Mr. MCCANN. He told me he was going to form a new union, and he asked me if I wanted to join. Mr. KENNEDY. So did you? Mr. MCCANN. Yes, I did. Mr. KENNEDY. He said he could guarantee there would be no picketing? Mr. MCCANN. Yes, and he said it would be nice forming a new union and I wouldn't have any picketing by the other union because I already belonged to this union. Mr. KENNEDY. And he would make it possible for you to go out and solicit stops? Mr. MCCANN. Yes, sir. Mr. KENNEDY. And that you wouldn't have any trouble from any union? Mr. MCCANN. That is right. Mr. KENNEDY. And you would not have to pay any dues at that time? Mr. MCCANN. He said at that time, no. Mr. KENNEDY. And that all locations that you got you could keep; is that right? Mr. MCCANN. That is correct. Mr. KENNEDY. But he suggested or told you that there were three companies that you shouldn't take locations from? Mr. MCCANN. Yes. Mr. KENNEDY. What companies were they? Mr. MCCANN. Well, he said they were big operators, that he was hoping they would go along with his union or join his union later on, and I don't remember exactly the names. Mr. KENNEDY. Was it the LaSalle? Mr. MCCANN. It was LaSalle and Paramount. Mr. KENNEDY. That is the one owned by Mr. Breheney? Mr. MCCANN. Yes. Mr. KENNEDY. And Paramount? Mr. MCCANN. Yes, sir. Mr. KENNEDY. That is owned by Mr. Miniacci? Mr. MCCANN. Yes. Mr. KENNEDY. It is of some interest about Mr. Miniacci, Mr. Chairman, and he owns Paramount. He was the individual to whose party Frank Costello was going the night that he was shot in the head. And then Regal, that was another company that it was suggested that you stay away from? Mr. MCCANN. I believe so. Mr. KENNEDY. That is owned by Mr. Charles Bernoff? Mr. MCCANN. Yes, sir. Mr. KENNEDY. And he will play a very important role in the hearings at a later time. He gave you labels from 531? Mr. MCCANN. Yes, sir. Mr. KENNEDY. And you paid no dues, and he just gave you 100 or so labels? Mr. MCCANN. To put them on the machines. Mr. KENNEDY. Nobody was paying dues? Mr. MCCANN. I didn't pay any, and I don't believe anyone paid at that time. Mr. KENNEDY. You never got a union membership card? Mr. MCCANN. I don't recall. Mr. KENNEDY. Now, in January of 1957, he asked for a check from your company for dues? Mr. MCCANN. Yes.. Mr. KENNEDY. And you gave him a $16 check? Mr. MCCANN. I gave him a $16 check. Mr. KENNEDY. Neither one of those checks for some reason has ever been cashed? 36751-59-pt. 46-21 |