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-ill- C. UNFAIR LABOR PRACTICES FROM JANUARY 4, 1958, TO NOVEMBER 7, 1939, -- THE PERIOD OF SIEGE AND STARVATION. ; After his attempt to reopen the mine on January 4, 1938, failed, Elshoff kept his mine closed until November 7, 1939 -- twenty-two months later. During this time, the Progressives claim they were constantly seeking to negotiate a contract with Elshoff pursuant to which the mine sould be reopened. Two principal alle- gations of unfair labor practice, therefore, are suggested during this period: (1) That Elshoff Continued the Shut-Down in Order to Assist U.M.W.'s ogram to Destroy the Progressive Organization. There is no direct evidence now available which indicates that this was Elshoff's purpose. The circumstantial evidence, how- ever, strongly points that way. It is difficult to understand why Elshoff--assuming he intended to repay the U.M.W. "loans"~-was willing to keep the mine closed and thereby incur huge losses. Elshoff's statement suggests that he feared to reopen the mine because of possible violence between the two unions. This suge gestion is discounted by the fact that in the fall of 1937 he obtained an injumction against the Progressives on the theory that he wanted to open the mine with the U.M.W. furnishing the employees. Inquiry is requested to ascertain whether there was any basis for Elehoff's excuse. Evidence on this point, of course, must necessarily be of a negative character, but all information bearing on Elshoff's true reason for keeping the mine closed should be obtained. (2) That Elshoff Refused to Bargain with the Progressive Union, as Require the Labor dot. It was the contention of the Progressives that throughout the period when the mine was closed, Elshoff refused to bargain collectively with them. It was asserted that he would fail to appear at meetings, would postpone meetings, and when he did appear to bargain with the Progressives, he would just go through the motions and would not actually bargain in good faith with any réal intention of reaching an agreement, The following National Labor Relations Board photostats have a bearing on the two alleged unfair labor preotices set out abover B-15 Exhibit 6 ~ affidavit, dated Jan. 18, 1938, Dillon, Schewe, Crompton, and Schneider, and Stipulation and Agreement, Ex. T.