A major controversy over the August 4 agreement erupted the day after it was signed. An African American sheet metal worker, Gilbert Foster, began work, which led to rumors that white workers would strike in protest. Despite an emergency meeting by federal and city officials with leaders of Sheet Metal Workers Local 65, Paul Ristau,
business agent for Local 65, agreed that Foster had not yet become a union member, but said his application was being processed. The UFM threatened to picket if Foster was not employed, so A. Nabakowski Co., the sheet metal contractor, offered to keep Foster on the job and pay him if he reported to work. The following day, Nabakowski paid Foster to sit in a trailer. Local 65 ordered its men back to work, Foster himself agreed to perform whatever non-work, makework, or sheet metal work the company wanted, which short-circuited the UFM's demand that he work solely on sheet metal projects. As the first week of Foster's employment came to an end, rumors swirled that he would be denied union membership on grounds that he did not work for seven days (his makework did not count) and because he had not completed the union's required four-year apprenticeship program. UFM officials said any refusal of Foster's application "dishonors our agreement", and pickets were again threatened. Local 65 leaders proposed that Foster be admitted as fourth-year apprentice and at 90 percent pay. Lacking a union card, Foster was laid off on August 15. Despite the previous day's statements by union leaders, a union business agent declared on August 15 that Foster had to follow the standard four-year apprentice process before he could join the union. The earliest his application for apprentice could be accepted was the middle of September. This outraged the UFM, which said it would begin picketing and refused to meet with representatives from city hall. Mayor Locher was able to convince UFM leaders to attend a meeting with union officials on August 16 after N. Thompson Powers, a special assistant to U.S. Secretary of Labor
Willard Wirtz, made an emergency flight to Cleveland to assist with the talks. UFM officials said they appeared only as a courtesy and not to negotiate. At the end of the two-and-a-half hour meeting, at which BCTD and Nabakowski representatives also appeared, Locher ruled that the August 4 agreement permitted Foster to submit an application for membership in the sheet metal workers union only by following regular procedures. This required him to wait until August 28 to submit his application. Under union rules, this would allow the union executive board to consider his application on September 4, and (if successful before the board) for the membership to vote on his membership on September 11. After a one-and-a-half hour membership meeting on August 19, they agreed to postpone any decision on picketing until after the September 11 union membership meeting. The situation began to resolve itself on September 4. After submitting his membership application on August 28, Foster took the next step, which was a four-hour written and manual examination by
Industrial arts instructors at the
Max Hayes Trade School (a Cleveland public high school). Foster failed the tests. On September 11, the union declined to admit Foster as a member. After a stormy three-hour membership meeting, UFM officials demanded to see the tests and test scoring results, and threatened to picket on August 19 if UFM leaders felt the test was inaccurately administered or graded. Concerns were raised about the test administration, however. Ellsworth H. Harpole, executive secretary of Cleveland Community Relations Board and a former sheet metal worker, agreed to retest Foster on the manual test. To ensure a fair administration of the test, Thomas E. McDonald, business manager for the BCTD; Emile Bourge, a representative from the President's Committee on Equal Employment Opportunity; and George Doler, a representative of the Sheet Metal Workers' International Association, were permitted to attend the manual retest. Local 65 membership agreed to the retest. The UFM steering committee's decision effectively ended the crisis. == 1964 completion of the convention center ==