AUTHORIZING THE SECRETARY OF WAR TO TAKE POSSESSION OF AND OPERATE THE PLANTS AND FACILITIES OF THE COCKER MACHINE AND FOUNDRY COMPANY, LOCATED AT GASTONIA, NORTH CAROLINA (1)
WHEREAS after an investigation I find and proclaim that the plants and facilities of the Cocker Machine and Foundry Company, located at Gastonia, North Carolina, are equipped for the manufacture and production of articles and materials that are required for the war effort, or that are useful in connection therewith; that there are existing interruptions of the operation of said plants and facilities as a result of a labor disturbance; that the war effort will be unduly impeded or delayed by such interruptions; and that the exercise, as hereinafter specified, of the powers vested in me is necessary to insure, in the interests of the war effort, the operation of these plants and facilities:
NOW, THEREFORE, by virtue of the power and authority vested in me by the Constitution and laws of the United States, including section 9 of the Selective Training and Service Act of 1940 (54 Stat. 892), as amended by the War Labor Disputes Act (57 Stat. 163), as President of the United States, it is hereby ordered as follows:
1. The Secretary of War is hereby authorized and directed, through and with the aid of any persons or instrumentalities that he may designate, to take possession of the plants and facilities of the Cocker Machine and Foundry Company, located at Gastonia, North Carolina, and, to the extent that he may deem necessary, of any real or personal property and other assets wherever situated, used in connection with the operation thereof; to operate or to arrange for the operation of the plants and facilities in an manner that he deems necessary for the successful prosecution of the war; to exercise any contractual or other rights of the Cocker Machine and Foundry Company and to continue the employment of, or to employ, any persons, and to do any other thing that he may deem necessary for, or incidental to, the operation of the said plants and facilities and the production, sale and distribution of the products thereof; and to take any other steps that he deems necessary to carry out the provisions and purposes of this order.
2. The Secretary of War shall operate the said plants and facilities pursuant to the provisions of the War Labor Disputes Act, and during his operations of the plants and facilities shall observe the terms and conditions of the directive orders dated November 1 and 2, 1944, of the Fourth (Atlanta) Regional War Labor Board, provided that the Secretary of War is authorized to pay the wage increases specified in said directive orders to the date possession of said plants and facilities is taken under this order, only out of the net operating income of said plants and facilities during the period of their operation by the Secretary of War. In the event that it appears to the Secretary of War that the net operating income of said plants and facilities will be insufficient to pay the foregoing accrued wage increases, the Secretary shall make a report to the President with respect thereto.
3. The Secretary of War is authorized to take such action, if any, as he may deem necessary or desirable to provide protection for the plants and all persons employed or seeking employment therein.
4. Possessions, control and operation of any plant or facility, or part thereof, taken under this order, shall be terminated by the Secretary of War within 60 days after he determines that the productive efficiency of the plant, facility, or part thereof prevailing prior to the existing interruptions of production, referred to in the recitals of this order, has been restored.
HARRY S. TRUMAN
THE WHITE HOUSE,
May 19, 1945
(1) See E.O. 9603, infra.
WHEREAS after an investigation I find and proclaim that the plants and facilities of the Cocker Machine and Foundry Company, located at Gastonia, North Carolina, are equipped for the manufacture and production of articles and materials that are required for the war effort, or that are useful in connection therewith; that there are existing interruptions of the operation of said plants and facilities as a result of a labor disturbance; that the war effort will be unduly impeded or delayed by such interruptions; and that the exercise, as hereinafter specified, of the powers vested in me is necessary to insure, in the interests of the war effort, the operation of these plants and facilities:
NOW, THEREFORE, by virtue of the power and authority vested in me by the Constitution and laws of the United States, including section 9 of the Selective Training and Service Act of 1940 (54 Stat. 892), as amended by the War Labor Disputes Act (57 Stat. 163), as President of the United States, it is hereby ordered as follows:
1. The Secretary of War is hereby authorized and directed, through and with the aid of any persons or instrumentalities that he may designate, to take possession of the plants and facilities of the Cocker Machine and Foundry Company, located at Gastonia, North Carolina, and, to the extent that he may deem necessary, of any real or personal property and other assets wherever situated, used in connection with the operation thereof; to operate or to arrange for the operation of the plants and facilities in an manner that he deems necessary for the successful prosecution of the war; to exercise any contractual or other rights of the Cocker Machine and Foundry Company and to continue the employment of, or to employ, any persons, and to do any other thing that he may deem necessary for, or incidental to, the operation of the said plants and facilities and the production, sale and distribution of the products thereof; and to take any other steps that he deems necessary to carry out the provisions and purposes of this order.
2. The Secretary of War shall operate the said plants and facilities pursuant to the provisions of the War Labor Disputes Act, and during his operations of the plants and facilities shall observe the terms and conditions of the directive orders dated November 1 and 2, 1944, of the Fourth (Atlanta) Regional War Labor Board, provided that the Secretary of War is authorized to pay the wage increases specified in said directive orders to the date possession of said plants and facilities is taken under this order, only out of the net operating income of said plants and facilities during the period of their operation by the Secretary of War. In the event that it appears to the Secretary of War that the net operating income of said plants and facilities will be insufficient to pay the foregoing accrued wage increases, the Secretary shall make a report to the President with respect thereto.
3. The Secretary of War is authorized to take such action, if any, as he may deem necessary or desirable to provide protection for the plants and all persons employed or seeking employment therein.
4. Possessions, control and operation of any plant or facility, or part thereof, taken under this order, shall be terminated by the Secretary of War within 60 days after he determines that the productive efficiency of the plant, facility, or part thereof prevailing prior to the existing interruptions of production, referred to in the recitals of this order, has been restored.
HARRY S. TRUMAN
THE WHITE HOUSE,
May 19, 1945
(1) See E.O. 9603, infra.