the Italian Government, through IR1 or othenvise, played a dominant role
as a customer. A detailed "Project for the Financing and Reorganization
of the Company" was prepared and submitted to ESPI in May 1967.
16. The management of ELSI took the view that one of the reasons for
its lack of success was that it had trained and was employing an excessively large labour force. In June 1967 it was decided to dismiss some 300
employees ;under an Italian union agreement this involved a procedure of
notifications and negotiations. On the intervention of ESPI, an alternative
plan was agreed to whereby 168workers would be suspended from 10July
1967,with limited pay by ELSI for a period not exceeding six weeks. After
a training programme during which the workers were paid by the Sicilian
Government, it was contemplated that ELSI would endeavour to reemploy the suspended employees. The necessary additional business to
make this possible was not forthcoming, and the suspended employees
were dismissed early in March 1968. A number of random strikes had
occurred in early 1968, and as a result of the dismissals a complete strike
of the plant occurred on 4 March 1968. According to the Government of
Italy, this strike also involved an occupation of the plant by the workforce,
which occupation was still continuing when the plant was requisitioned
on 1 April 1968 (paragraph 30 below). The United States claims however
that strikes and "sit-ins" prior to the requisition were only sporadic and
that only after the filing of a petition in bankruptcy on 26 April1968 (paragraph 36 below) did the workers actually occupy the plant for a sustained
period.
17. When it became apparent that the discussions with Italian officiais
and companies were unlikely to lead to a mutually satisfactory arrangement to resolve ELSI's difficulties, Raytheon and Machlett, as shareholders in ELSI, began seriously to plan to close and liquidate ELSI to
minimize their losses. General planning for the potential liquidation of
ELSI began in the latter part of 1967, and in early 1968 detailed plans were
made for a shut-down and liquidation at any time after 16 March 1968.
On 2 March 1968, the company's books and accounting records, and,
according to a witness at the hearings, "quite a lot of inventory", were
transferred from its offices in Palermo to a regional office in Milan. On
7 March 1968, Raytheon formally notified ELSI that, notwithstanding
ELSI's need for further capital, Raytheon would not "subscribe to any
further stock which might be issued by Raytheon-Elsi or to guarantee
any additional loans which might be made by others to Raytheon-Elsi".