Plaintiff Marvin testified that he continued working, and “well understood” the new wage rates. Others of the guards testified that when the new rates were offered plaintiff Marvin “made a talk to the boys and he told them for the present we should accept it, we should accept the terms, but that *443we were going after the War Shipping Administration, that they were doing the best they could, they were trying their very best to get us more money and would eventually get us more money and possibly our back pay from them”; that “Mr. Hodgson didn’t have the money, he never received it, we were gomg after the Shipping Administration, not Mr. Hodgson. I knew that Mr. Hodgson did not owe me anything”; that “Mr. Hodgson was fighting all the time to get us as much money as he possibly could.” (Italics added.) Defendant also testified that he persistently attempted, although without success, to secure an increased rate from the War Shipping Administration in order to pay his employes the highest possible wage; that if his employes could earn higher pay elsewhere he freely gave to them the “availability slips” that were at that time required for transíering from a “frozen” or essential war job such as the guard work here was classified, to other work.