Executive Order 9542

by President of the United States

WHEREAS, after investigation I find and proclaim that the plants and facilities of the United Engineering Company, Ltd., located at San Francisco, California, are equipped for the production, sale, and distribution of products and services which are required for the war effort or which are useful in connection therewith; that there are existing or threatened interruptions of the operation of such plants and facilities as a result of strikes, threatened strikes, and other labor disturbances arising from the failure of Lodge No. 68 International Association of Machinists (AFL) to comply with directive orders of the National War Labor Board dated March 23, 1945, and March 28, 1945; that the war effort will be unduly impeded or delayed by such interruptions, and that the exercise, as hereinafter specified, of the power and authority vested in me is necessary to insure the operation of such plants and facilities in the interest of the war effort:

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 and Commander in Chief of the Army and Navy of the United States, it is hereby ordered as follows:

1. The Secretary of the Navy is authorized and directed to take possession of all, or such part or parts as he deems necessary or desirable, of the main office and machine shops at 298 Steuart Street, San Francisco, California, and such piers and other property as may be leased or otherwise contracted for in connection with the operation of such main office and machine shops, all of United Engineering Company, Ltd., San Francisco, California, and to use and operate or arrange for the use and operation of such plants and facilities and property in any manner that he deems will facilitate the prosecution of the war.

2. In furtherance of the purposes of this order, the Secretary of the Navy is authorized to select and hire such employees and agents as he deems necessary and suitable to carry out the provisions of this order; to exercise any contractual or other rights of the same company incident to the operation of the said plants, facilities, or property or the production, sale, and distribution of the company's products; and do to any and all other things that he may deem necessary or desirable for, or incidental to, the use and operation of the said plants, facilities, and property, or the production, sale, and distribution of the products and services thereof; and to take any other steps that he deems necessary to carry out the provisions and purposes of this order.

3. The Secretary of the Navy shall operate the plants, facilities, and property mentioned herein pursuant to the provisions of the War Labor Disputes Act and under the terms and conditions of employment which are lawfully in effect at the time possession of such plants, facilities, and property is taken under this order, subject to the provisions of section 5 of the War Labor Disputes Act, and during his operation of said plants, facilities, and property shall observe the terms and conditions of the directive orders of the National War Labor Board dated March 23, 1945, and March 28, 1945.

4. The Secretary of the Navy shall permit, upon such terms and conditions as he deems advisable, the management of the plants, facilities, and property taken under this order to continue its managerial functions to the maximum degree possible consistent with the purposes of this order.

5. The Secretary of the Navy is authorized to take such action, if any, as he may deem necessary or desirable to provide protection for, and prevent interference with, the plants, facilities, and property taken under this order and all persons employed or seeking employment therein, and he is further authorized to take such appropriate disciplinary action, not inconsistent with law, as may be necessary to effectuate the purposes of this order. Upon the request of the Secretary of the Navy or his duly authorized representative, the Department of Justice, through the Federal Bureau of Investigation, shall immediately undertake and conduct an investigation of any matter affecting the operation of said plants, facilities, and property or government possession thereof hereunder.

6. In carrying out this order the Secretary of the Navy may act through or with the aid of such public or private instrumentalities, persons, or corporations as he may designate. All Federal agencies, including but not limited to the Department of Justice, the War Manpower Commission, the National Labor Relations Board, the Department of Labor, the National Selective Service System, and the Office of Price Administration, shall cooperate with the Secretary of the Navy to the fullest extent of their authority in carrying out the purposes of this order.

7. Possession, control and operation of any plant, facility, or property, or portion thereof, of which possession is taken under this order shall be terminated by the Secretary of the Navy within sixty days after he determines that the productive efficiency of the plant, facility, or property, or portion thereof, prevailing prior to the existing and threatened interruptions referred to in the recitals of this order has been restored.

Harry S. Truman 

The White House,

April 23, 1945.

Notes

See Related

• Executive Order 9603, August 25, 1945