Mr. MATTSON. If you put it that way, yes.

Senator ERVIN. But your individual employees belong to the union? Mr. MATTSON. That is right.

Senator ERVIN. Mr. Hendrix, you said something about the fifth stockholder being the United States Freight something?

Mr. HENDRIX. That is correct.

Senator ERVIN. Is that a corporation?

Mr. HENDRIX. It is.

Senator ERVIN. Who are the stockholders of it?

Mr. HENDRIX. It is on the New York big board. There are thousands, probably. I wouldn't know.

Senator ERVIN. That is all.

Mr. KENNEDY. Just to get it clarified, the contract we are talking about, your contract for the over-the-road drivers is a contract with local 710; is that right?

Mr. HENDRIX. I believe that is right.

Mr. KENNEDY. That is the situation where the Chi-East has no contract, but does have drivers; Midwest does have a contract, but no drivers?

Mr. HENDRIX. That is correct.

Mr. KENNEDY. Who is the business agent, who is the local official that handles that contract?

Mr. MATTSON. The business agent?

Mr. KENNEDY. Yes.

Mr. MATTSON. For 710?

Mr. KENNEDY. Yes.

Mr. MATTSON. Tom Keegan.

Mr. KENNEDY. That is all.

The CHAIRMAN. Gentlemen, do you want to clear up anything here that seems unclear at the moment?

Mr. HENDRIX. There are a lot of questions, but without records we cannot clear up anything here.

Mr. KENNEDY. We don't have those records.

The CHAIRMAN. I understand you have been interrogated about this matter before you were subpenaed to be here.

Mr. HENDRIX. That is not true. I heard nothing about it.

The CHAIRMAN. I said you had been interrogated. Hadn't some member of the staff questioned you about these matters?

Mr. HENDRIX. They had not.

The CHAIRMAN. I asked some of you if they had. Since you were so closely interwoven, I thought maybe the same thing had been said to all of you. Maybe not.

Mr. KENNEDY. We asked the attorney to bring the records in.

Mr. HERNLY. Mr. Kennedy, that is not a correct statement.

Mr. KENNEDY. You were not asked to bring any records in?
Mr. HERNLY. No, sir.

Mr. KENNEDY. Mr. Schultz, did you ask him to bring the records in?
Mr. SCHULTZ. Yes; I did.

The CHAIRMAN. They don't have them here.

We have a situation where it looks like one company has no employees, it has a labor contract. The other company that has the employees who do the work doesn't have the contract. We have this thing where you have three or four companies. It seems to me that you three men own the whole thing.

Mr. OVERMAN. That is not true.

The CHAIRMAN. How much do you lack owning it?

Mr. OVERMAN. Owning what?

The CHAIRMAN. Chi-East.

Mr. OVERMAN. We three do own Chi-East.

The CHAIRMAN. How much do you lack owning this other one, Midwest?

Mr. OVERMAN. Not one penny.

The CHAIRMAN. You just operate it?

Mr. OVERMAN. I do not operate it.

The CHAIRMAN. Are you not the vice president of it?

Mr. OVERMAN. I am, yes.

The CHAIRMAN. You are an officer in it?

Mr. OVERMAN. I am.

The CHAIRMAN. What business do you have being an officer if you have no interest in it?

Mr. OVERMAN. That I don't know.

The CHAIRMAN. I don't know either.

Mr. HERNLY. Mr. Chairman, may I be heard just a minute on this question of whether I had been requested to bring certain records in here?

The CHAIRMAN. Yes. Ordinarily we would swear you. If you want to make a brief statement I will listen to you.

Mr. HERNLY. I just want to say this, sir, on a Saturday evening I think, of last week, Mr. Schultz called me and asked me if I would arrange to have Mr. Hendrix here on a certain date. Out of a clear blue sky he requested that I see if Hendrix could not bring with him certain records.

The CHAIRMAN. When was that now?

Mr. HERNLY. This was Saturday night about 6 o'clock. Now Mr. Hendrix had written you, sir, a personal letter about a week ago requesting relief from appearing before this committee this week because he and his family were going on a vacation on July 1 in Canada which had been planned for over 6 months.

When Mr. Schultz pulled this business on me on Saturday night at 6 o'clock I told Mr. Schultz I thought it was a most unreasonable request to ask of my client Mr. Hendrix, stop by Toledo, Ohio, enroute from a thousand mile plane trip to appear here and get something which could have been asked of him when he was in his office and he could have made that investigation.

After making that statement Mr. Schultz agreed that it was an unreasonable request, and I have heard nothing more from Mr. Schultz pressing the matter.

The CHAIRMAN. All right. We don't have the records here. You were asked last Saturday if you could come by and pick them up. Apparently from then until Friday you thought it was inconvenient to do so and they are not here.

Mr. HERNLY. They were in Toledo, sir.

The CHAIRMAN. Anyway, I guess they will show this same money that has been testified to here. Is there anything further? Senator ERVIN. I would like to ask one question.

The CHAIRMAN. Do you actually have to have those records? I will get them here.

Mr. KENNEDY. No, I would just like to get the answers to these questions.

Senator ERVIN. Is this corporation formed under the laws of Ohio? Mr. MATTSON. Chi-East?

Senator ERVIN. Midwest.

Mr. HENDRIX. The laws of Ohio.

Senator ERVIN. Does the law of Ohio permit a man to be an officer of a corporation when he is not a stockholder?

Mr. HENDRIX. I am sure that is no requirement.

The CHAIRMAN. Do you get any pay from Midwest for being an officer?

Mr. OVERMAN. I do.

The CHAIRMAN. What do you do to earn your pay?

Mr. OVERMAN. I do whatever is necessary.

The CHAIRMAN. What is necessary?

Mr. OVERMAN. Well, the generalities of any company's business in my locality.

The CHAIRMAN. Thank you very much.

Call the next witness.

Mr. KENNEDY. Mr. Stone.

The CHAIRMAN. 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. STONE. I do, sir.

The CHAIRMAN. All right, sir, be seated.

TESTIMONY OF NEAL STONE

The CHAIRMAN. State your name, your place of residence, and your business or occupation.

Mr. STONE. Neal Stone. I am a funeral director, of Walter B. Cooke, of New York. I reside in New York City.

The CHAIRMAN. Thank you very much. Do you waive counsel? Mr. STONE. Yes, sir.

The CHAIRMAN. Proceed, Mr. Kennedy.

Mr. KENNEDY. With respect to the last witness, although there is some confusion as to their operation which we cannot straighten out, what was established is that the contract with the trucking company was not enforced. No layover, no breakdown, no meal allowances, no holiday pay, an open and obvious violation of the contract.

The CHAIMRAN. I thought they said they did pay holiday pay. Mr. KENNEDY. They paid vacations but no layover, no breakdown, no meal allowance, no lodging, as specifically covered by the contract with the union.

The CHAIRMAN. All right.

Mr. KENNEDY. Mr. Stone, you were employed as a truckdriver for the Chi-East Trucking Co.?

Mr. STONE. Yes, sir.

Mr. KENNEDY. From October 1952 to July 1957; is that right?
Mr. STONE. Yes, sir.

Mr. KENNEDY. During that period of time you were a member of Local 710 of the Teamsters Union in Chicago?

Mr. STONE. Yes, sir.

Mr. KENNEDY. Did you ever receive any fringe benefits while you were employed, such as layover, breakdown time, meals or lodgings? Mr. STONE. I didn't, and neither did any of the other drivers. The CHAIRMAN. You were an employee of Chi-East?

Mr. STONE. I learned later that I was an employee of Chi-East when I drew my first check. When I applied for the job, I thought I was being hired by Midwest.

The CHAIRMAN. You hired to one company and found yourself working for the other?

Mr. STONE. I really to this day don't know who I was working for, other than I drew a check from Chi-East.

Mr. KENNEDY. When the drivers would put in grievances to collect payments to them under these fringe benefits, would they receive the full payment?

Mr. STONE. Well, I don't think any of them received it. The other drivers, from what I heard, I don't believe anyone got a thing.

Mr. KENNEDY. Maybe it would be well if Mr. Pratt came around, too, Mr. Chairman. He was a driver.

The CHAIRMAN. Come forward.

In the meantime, did you put in some claims, some grievance claims? Mr. STONE. No, I didn't, sir, because if you put in a claim, you didn't work there any more.

The CHAIRMAN. You found that out and played it safe?

Mr. STONE. Yes, sir. The morning I applied for a job, I was sent to the union, made a union member, given my book and entitled to all the privileges of the union. I thought the day I left the company I would collect, and that was the general consensus of opinion of all the drivers.

The CHAIRMAN. You would be able to collect?

Mr. STONE. Yes, sir. But to go over and ask Mr. Keegan or the union to pay me would be ridiculous, because you just wouldn't work there any more.

The CHAIRMAN. Be sworn.

You do solemnly swear 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. PRATT. I do.

TESTIMONY OF GROWMAN PRATT

The CHAIRMAN. State your name, your place of residence, and your business or occupation.

Mr. PRATT. My name is Growman Pratt; I live at Box 16, Straughn, Ind. I am a parttime salesman for the Adams Paint Co., out of Cleveland, Ohio.

The CHAIRMAN. What former occupation did you have?

Mr. PRATT. Truckdriver.

The CHAIRMAN. For whom?

Mr. PRATT. Midwest Haulers..

The CHAIRMAN. During what period of time?

Mr. PRATT. From June 23, 1955, to August 16, 1957.

Mr. KENNEDY. Mr. Pratt, did you put in any grievances?

Mr. PRATT. Yes, sir; I did.

Mr. KENNEDY. To try to collect for the fringe benefits?

Mr. PRATT. Yes, sir.

Mr. KENNEDY. Did you collect?

Mr. PRATT. I collected for 1 year's back holiday pay and collected for 30 days back layover and breakdown time, which was approximately 17 hours.

Mr. KENNEDY. What about the rest of the grievances, the rest of the money?

Mr. PRATT. I haven't collected another cent other than that.

Mr. KENNEDY. Did you have any conversation with any of the company officials in connection with the grievances?

Mr. PRATT. Yes, sir; Mr. Overman.

Mr. KENNEDY. What conversation did you have with him?

Mr. PRATT. Do you mean at the time I was trying to collect it? Mr. KENNEDY. Yes.

Mr. PRATT. Well, I made three trips from the union office to the Midwest office before I ever got any appreciation whatsoever, and after the last trip I made Mr. Keegan, the business agent, he called Mr. Overman and told him to have a check made out for me for a year's back holiday pay, when I got back to the office.

So when I come back into the office, Mr. Overman called me in and he asked me if I was still going to go through and collect it. He said, “Well, I am after your ass now; the first crooked move you make, am going to fire you."

Mr. KENNEDY. Would you repeat that?

Mr. PRATT. When I went in to-when I got back from the union office, to Mr. Overman, he called me in to talk to me and asked me if I wanted to go ahead and go through with it.

The CHAIRMAN. Go through with what?

Mr. PRATT. Collecting holiday pay. I told him I was. He said, "Well, I am after your ass, and the first crooked move you make, that is it." So in about a month and a half or 2 months after that, I was fired.

Mr. KENNEDY. What were you fired for?

Mr. PRATT. For having a late load of freight into Louisville. I didn't know and no one else knew that they were supposed to be working on Saturday morning. That was in order that I could get home over the weekend. I still didn't know it until I got back into Chicago, I think it was, the Tuesday of the following week.

I was called into the office and said I was fired for not having the freight in on Saturday morning.

Mr. KENNEDY. You were never told to have it in on Saturday?
Mr. PRATT. That is right.

Mr. KENNEDY. So Tuesday you were fired for not having the freight in?

Mr. PRATT. That is right.

Mr. KENNEDY. So he was able to fire you?

Mr. PRATT. That is correct.

Mr. KENNEDY. You tried to collect your grievances when you left their employment?

Mr. STONE. Yes, sir. I just asked for the 27 paid holidays that I was not paid for, because as I explained to you, my logbook had been in violation the entire time I worked for the company.

Mr. KENNEDY. How was your logbook in violation?