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COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

NINETY-FIRST CONGRESS

FIRST SESSION

ON

APR 1970

THE PHILADELPHIA PLAN

and
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

37-693 O

OCTOBER 27 AND 28, 1969

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1970

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CONTENTS

HEARING DATES

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 _ _ _

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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.

196

235

238

220

222

237

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.

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