Executive Order 8928—Secretary of War Authorized To Take Possession of the Bendix, New Jersey, Plants of Air Associates, Incorporated

Whereas on the 27th day of May, 1941, a Presidential proclamation was issued, declaring an unlimited national emergency and calling upon all loyal citizens in production for defense to give precedence to the needs of the Nation to the end that a system of government which makes private enterprise possible may survive; and calling upon our loyal workmen and employers to merge their lesser differences in the larger effort to insure the survival of the only kind of government which recognizes the rights of labor or of capital, and calling upon all loyal citizens to place the Nation's needs first in mind and in action to the end that we may mobilize and have ready for instant defensive use, all of the physical powers, all of the moral strength and all of the material resources of the Nation: and

Whereas, Air Associates, Incorporated, has contracted to furnish the United States and its contractors with parts and equipment necessary for the production of military aircraft vital to the defense of the United States and such parts and equipment have been in the course of manufacture at the Bendix, New Jersey, plants of said company, and the United States owns facilities there situated; and

Whereas, a controversy arose concerning the terms and conditions of employment between said company and its workers which they have been unable to adjust by collective bargaining and the controversy was duly certified to the National Defense Mediation Board established by Executive Order of March 19, 1941; and whereas production was interrupted at said plants during the course of mediation before said Board by a strike and the Board, pending further mediation, recommended that the workers call off the strike and the company return all strikers upon application to their former jobs without discrimination, and whereas the workers affected, through their representatives, have accepted but the company has failed to carry out the Board's recommendation; and

Whereas, due to such failure on the part of the Company, production has now been impaired and complete cessation of production is now imminent at said plants and the objectives of said proclamation of May 27, 1941, are thereby jeopardized and it is essential to the defense of the United States that normal production be assured and cessation averted; and

Whereas, for the time being and under the circumstances set forth, it is essential in order that full production at said plants be assured, that the plants be operated by or for the United States in such manner as may be expedient:—

Now, Therefore, I, Franklin D. Roosevelt, pursuant to the powers vested in me by the Constitution and laws of the United States, as President of the United States and Commander-in-Chief of the Army and Navy of the United States, hereby authorize and direct the Secretary of War immediately, in so far as may be necessary or desirable, to take possession of and operate the Bendix, New Jersey, plants of Air Associates, Incorporated, through and with the aid of such person or persons or instrumentality as he may designate, and to produce the military airplane parts and equipment called for by the company's contracts or as may be otherwise required for the national defense, and do all things necessary or incidental to that end, The Secretary of War shall employ or authorize the employment of such employees, including a competent civilian advisor on industrial relations, as are necessary to carry out the provisions of this order, and, in furtherance of the purposes of this order, the Secretary of War may exercise any existing contractual or other rights of said company, or take such other steps as may be necessary or desirable including the use of troops.

Possession and operation hereunder shall be terminated by the President as soon as he determines that such possession and operation are no longer required in the interests of national defense.

FRANKLIN D ROOSEVELT

The White House,
October 30, 1941.