All amounts withheld as security for defaulting employees’ return
travel were deposited weekly to a special bank account entiteld "Holmes

& Narver, Inc., Contract No. AT-(29-1)-507, Trustee for Travel Fund Account.” These deposits through June 30, 1951, totaled $982,007.16. The
corresponding credits were entered to the individual employee's Return

Travel Fuad Account on the records. In the eveut of default om the part
of the employee, the balance centained in his Return Travel Fund Account
was applied to the costs incurred in connection with his return travel,

by drawing a check on the Trustee for Travel Pund Account and depositing
it to the Contract Advance Fund Account.

At the inception-of the Contract, the maximum amount of return travel
fund payroll deduction stipulated by Contract Appendix "A" and the Eaployment Agreement was $250.00. As directed by the AEC,~ this amount was
increased to $450.00, and Appendix "A" of the Contract was revised accord-

ingly.

In accordance with later instructions the amount was increased

to $40.00 on on-continent hires. The latter revision was incorporated
in Revised Euployment Agreements, execution of which was required by all

new hires on and after October 16, 1950.

The revised Employment Agree-

ments were also submitted to all Jobsite employees for execution at Jobd-

site, bearing an effective date of February 5, 1951.

Because of the in-

clusion of provisions for increased hourly rates in the Revised Eaployment Agreements, most of the manual employees found the Revised Agree-

ments acceptable and executed them, thus rescinding the Bupleyment Agreements previously signed. Inasgmich as the Revised Employment Agreenents
contained essentially no additional benefits for non-manual employees,
efforts to obtain their signatures were, in the main, unsuccessful.
In compliance with specific written instructions of the ARC, H & N
withheld payment of amounts due defaulting employees at time of termi-

nation, in addition to and im excess of the $250.00 maximum Return Transpertation Fund prescribed by the original Eaployment Agreements, but not
exceeding $450.00. Subsequently, claims were filed with the State of

California Labor Commissioner by some of these defaulting employees, protesting withholding of wages and other amounts due them, in compliance

with the Client's instructions requiring collection of $450.00 retura
travel costs instead of $250.00.

‘The Labor Commissioner ruled, on Feb-

ruary 1, 1951, File No. 63055-M, that in his opinion withholding of amounts
in excess of $250.00 from defaulting employees whose executed Employment
Agreement specified a maximum Return Travel Fund deduction of $250.00 was
not permissible, As of June 30, 1991, H & NW had received a nuaber of
communications from the Labor Commissioner pressing for information as
to the disposition of amounts withheld in excess of the $250.00 prescribed
in Employment Agreements as a maximum Return Travel Fund deduction.

LagC letter 8D-6099, September 21, 1950 (HN-9811).
2t0c from Director of Procurement to H & N Controller, dated October

19, 1950, recording instructions received by the Director of Procurement
and the Chief Fiscal Officer at a Los Alamos meeting on October 17, 1950.

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