COMMITTEE ON THE JUDICIARY UNITED STATES SENATE
NINETY-FIRST CONGRESS
A BILL TO RESTORE AN APPROPRIATE SEPARATION OF POWERS WITHIN THE FEDERAL GOVERNMENT IN THE AREA OF EQUAL EMPLOYMENT OPPORTUNITIES AND TO PRECLUDE ENCROACHMENT UPON THE LEGISLATIVE POWERS AND FUNCTIONS OF THE CONGRESS IN THIS AREA
Printed for the use of the Committee on the Judiciary
U.S. GOVERNMENT PRINTING OFFICE
Brooke, Hon. Edward W., a U.S. Senator from the State of Massachusetts.
Fannin, Hon. Paul J., a U.S. Senator from the State of Arizona
Javits, Hon. Jacob K., a U.S. Senator from the State of New York..
Leonard, Jerris, Assistant Attorney General, Civil Rights Division, De-
partment of Justice; accompanied by Benjamin W. Mintz, Deputy Chief
of the Coordination and Special Appeals Section of the Civil Rights
Division, and Hugh M. Durham, Office of the Deputy Attorney General_
Naumann, William E., national representative, The Associated General Contractors of America; accompanied by Arthur F. Hintze, director, Government Relations Department, Associated General Contractors, and staff editor of Constructor magazine_
Pucinski, Hon. Roman C., a Representative in Congress from the Eleventh Congressional District of the State of Illinois_
Sensing, Thurman, executive vice president, Southern States Industrial Council__
Sherman, Louis, general counsel, Building and Trades Division AFL-CIO-
Shultz, Hon. George P., Secretary of Labor; accompanied by Arthur A.
Fletcher, Assistant Secretary for Wage and Labor Standards, Horace E.
Menasco, Deputy Assistant Secretary of Labor, Laurence H. Silberman,
Solicitor of Labor, and John L. Wilks, Director, Office of Federal Con-
tract Compliance_
Staats, Hon. Elmer B., Comptroller General of the United States; accom-
panied by Robert F. Keller, Assistant Comptroller General, J. Edward
Welch, Acting General Counsel, General Accounting Office, and Melvin
E. Miller, Assistant General Counsel, General Accounting Office.---
Taylor, Harry P., executive director, General Building Contractors' Association, Inc.; accompanied by Ralph P. Powell, counsel _ _ _
American Road Builders' Association-Statement of Burton F. Miller,
executive vice president_.
Department of Labor-Memorandum clarifying certain points raised at
hearings, with letter of December 2, 1969-
National Association for the Advancement of Colored People-Statement
of Herbert Hill, national labor director___
National Association of Miscellaneous, Ornamental and Architectural
Products Contractors Statement of Fred L. Maddison, president, with
article from the Washington Post of November 11, 1969, "U.S. Sets
Boston Plan on Minority Hiring".
National Association of Reinforcing Steel Contractors-Statement of
Charles W. Ross, President, with article from Detroit News, October 28,
1969, "Blacks Endorse 'Detroit Plan' for Trades Harmony", and
article from the Washington Post, November 9, 1969, "Chicago Únions
Agree to Train More Blacks".
Philadelphia Urban Coalition—Statement of Charles W. Bowser, executive
director...
Scott, Hon. Hugh, a U.S. Senator from the State of Pennsylvania Sheet Metal and Air Conditioning Contractors' National Association, Inc., with letter of November 5, 1969.
The Urban Coalition Action Council-Memorandum in Support of Legality of Philadelphia Plan, with letter of November 5, 1969---
CORRESPONDENCE, INCLUDING STATEMENTS OF VIEWS SUBMITTED FOR THE RECORD
Amalgamated Plumbers Association of Philadelphia, Elmer J. Taylor, master plumber representative, letter of October 29, 1969, with attached memorandums_
American Association of State Highway Officials, A. E. Johnson, executive director, letter of November 3, 1969.
AFL-CIO, Building and Construction Trades Department, Louis Sherman,
general counsel, letters of October 17 and October 24, 1969, to Mr.
Laurence Silberman, Solicitor, U.S. Department of Labor..
The Chesapeake & Ohio Railway Co. and The Baltimore & Ohio
Railroad Co., S. R. Prince, general attorney, letter of November 7, 1969-
Equal Employment Opportunity Commission, William H. Brown III,
chairman, letter of October 24, 1969
International Association of Bridge Structural and Ornamental Iron-
workers, John H. Lyons, general president, letter of November 17, 1969,
with copies of correspondence with the Secretary of Labor.__
*McClellan, Hon. John L., Chairman, Senate Committee on Government
Operations, letter of May 19, 1969, to the Comptroller General of the
United States__
National Association of Manufacturers, Lambert H. Miller, general coun-
sel, letter of October 24, 1969_
National Association of Plumbing-Heating-Cooling Contractors, letter of
November 14, 1969, from Lawrence P. Mutter, executive director, with
article by James E. Curry, Jr., president, from Plumbing-Heating-Cooling
Business, September 1969.
National Electrical Contractors Association, Robert L. Higgins, executive
vice president, letter of November 4, 1969_
Pucinski, Hon. Roman C., a Representative in Congress from the 11th
Congressional District of the State of Illinois, letter of September 25,
1969, to the Secretary of Labor...
Sheet Metal and Air Conditioning Contractors' National Association, Inc.,
James H. Ferguson, director of Industry Relations, letter of November
5, 1969, and statement__
The Urban Coalition Action Council, John W. Gardner, chairman, and
Nicholas de B. Katzenbach, chairman, Law and Government Task
Force, letter of Novemer 5, 1969, and memorandum_
*A member of the Subcommittee on Separation of Powers.
Civil Rights Act of 1964-Title VII-Equal Employment Opportunity--
31_U.S.Č. 65-Auditing and Accounting, Congressional Declaration of
Policy.
31 U.S.C. 74-Certified balances of public accounts; conclusiveness of
balances certified by General Accounting Office.
S. 931-A bill to restore an appropriate separation of powers within the
Federal Government in the area of equal employment opportunities
and to preclude encroachment upon the legislative powers and functions
of the Congress in this area; introduced by Hon. Paul J. Fannin, a
U.S. Senator from the State of Arizona, 91st Congress, first Session_...
ORDERS, OPINIONS, DECISIONS, AND MEMORANDUMS
Executive Order 11246, Equal Employment Opportunity, September 24,
1965.
Memorandum of the Philadelphia Federal Executive Board, Warren P.
Phelan, Chairman, October 27, 1967.
Opinion Letter of the Solicitor of Labor, June 24, 1969-
Opinion Letter of the Assistant Attorney General, Civil Rights Division,
June 26, 1969__
Department of Labor Order-the "Revised Philadelphia Plan"-June 27,
1969__
Department of Labor, Office of the Solicitor, "Legal Memorandum,
Authority Under Executive Order 11246", July 15, 1969.
Decision of the Comptroller General of the United States (Decision B-163026) addressed to the Secretary of Labor, August 5, 1969-
Opinion of the Attorney General on the legality of the Revised Philadelphia
Plan, September 22, 1969.-
Department of Labor Order, "Establishment of Ranges for the Imple- mentation of the Revised Philadelphia Plan", September 23, 1969.
AFL-CIO, Building and Construction Trades Department, in convention
assembled at Atlantic City, N.J., September 22, 1969:
Statement of Policy on Équal Employment Opportunity-
Resolution No. 270, opposing the Philadelphia Plan, the Revised
Philadelphia Plan, and the Amended Revised Philadelphia Plan---
The Associated General contractors of America, in convention assembled
in Seattle, Wash., September 19-23, 1969:
Resolution No. 3, opposing the issuance of Department of Transpor-
tation regulation known as "DOT-1000".
Resolution No. 7, in opposition to the Philadelphia Plan-
The late Honorable Everett McKinley Dirksen, U.S. Senator from the
State of Illinois-reprint from CONGRESSIONAL RECORD of February 4,
1969, "The Federal Government's Program for Equal Job Opportunities
in Private Industry".
Fannin, Hon. Paul J., a U.S. Senator from the State of Arizona, reprint from
CONGRESSIONAL RECORD of April 1, 1969, "The Emperor's New
Clothes".
Remarks by Assistant Secretary of Labor Arthur Fletcher at signing
of Philadelphia Plan, Philadelphia, Pa., June 27, 1969....
Office of Federal Contract Compliance-Memorandum, "Manpower
in trades and minority manpower available", July 31, 1969---
Memorandum from Assistant Secretary of Manpower to Assistant
Secretary of Labor, September 18, 1969..
Memorandum for The Solicitor, from Deputy Assistant Secretary of Labor, "September 23, 1969, OFCC Order on the Philadelphia Plan-The Impact of the Program upon the Existing Labor Force"-
Remmert, James E., article in The American Bar Association Journal,
November 1969 "Executive Order 11246: Executive Encroachment".
Aubin, Henry T., "Senators Clash at Hearing on Philadelphia Plan", The
Philadelphia Evening Bulletin Washington Bureau, October 27, 1969.-
Binzen, Peter H., "U.S. Voids Philadelphia Plan for Hiring of Negroes",
The Sunday Bulletin, Philadelphia, March 9, 1969.
Bullen, Dana, "Congress Urged to End 'Philadelphia Plan' Row". The
Evening Star, Washington, D.C., October 29, 1969-
Business Week, "Shultz job plan for blacks hits snags", November 15, 1969.
Cahill, Jerome S., "Philadelphia Plan Faces Two-Day Hearing Before Senate Foe", The Philadelphia Inquirer Washington Bureau, October 27, 1969_
Cahill, Jerome S., "Builder Assails Quota System in Philadelphia Plan",
The Philadelphia Inquirer Washington Bureau, October 28, 1969.
Cahill, Jerome S., "U.S. Threatens Suits to Back Philadelphia Plan",
Philadelphia Inquirer Washington Bureau, October 29, 1969-
Chapman, William, "Ervin Assails Plan on Minority Hiring", The Wash-
ington Post, October 28, 1969__
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