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the twelve expelled spies from the Fww Union, and at the most did not include over fifteen to twenty members. On Septamber 27, l937, Eshoff announced that he would reopen Mine 3. When the ainers roported for work,. Oscar Feloetti, ths Mine Srperintendent, refused to hire anyone axcapt ww Dnian membars, stating that Elshoff bad signed a closed contract with that Union on August 18, l937. As a result it was impossible to reopen tbe Wine as only approximstely twelre men admltted baing Uuk members. Tbereafter tbe Pt Union picktod Wine B. The National Iabor Relations Board held an olection at Mine B ou Dscember l5, l937, to deterwins which Union the eoployees dosired. The PMN Union won this slection by a vote of 404 to 25. On Decombor l3, l937, just two days prior to the NIRB election, Elshoff sgain unsuccessfully attespted to reopen Mine B under the sane circumstances as stated above, that is, on th. basis of hdring only tw Membere. On January 4, l938, just prior to the date the NinB certified the Puw Onion as the bargaiming agent for Mine B, Elshoff sgain attempted to ro- open Mine B, and ss before. Oscar Falcetti refused to hire any excopt Dw Union membsrs, with the resnlt that there were not anough workars to operate the Mine. The Uuw contended that the election of Deceuber l5, l937, was fraudulent, bowever, and although the majority of the niners had been inter- Yiewed during this investigation, no evidence was uncovered to indicate that this was true. On Novesber 6, l939, Elshoff reopsned Mine B on an open shop basis.. Inrestigation hss disclosed that although mambers of both Inions were hired, 'esanoo yo aegge ss pue frrereue? pergy euem sooqwoe yn aeyt saeedds ?T while many Pwt members were turosd down. Both prior and subsequent to the opening of the Mine, the officials of tbe Puw Union made freguent ccntact with Flshoff in an attaspt to negotiate a contract. These confarences ao- complished absolutely nothing, and it does not appear that there were sny specific differences claimed by aither the Pun Union or Blshoff with the ax- ception of the former's domand that the aileged spies be prohibited frca work- ing at Nine B. Investigation bas also developsd considgrable oridence indicating that Elshoff and Oscar Falcetti, the Mne Superintendent, allowed Ww Organisers to openly solicit union mambership on the premises of Mine B during working previonsly obtained a court injumction during tbe time the Mine wms ciosed injunction was secured at the tine Klshoff atteapted to reopen Mine B in Decen. ber, I937, and ths mdne was picketed by Puw mambers. No violence took plac. during this picketing horever.