volunteers shall be issued before action is taken to obtain workers through the selective service process provided for by this Act.

(c) If the President shall not deem it practicable to issue such a call or calls for volunteers, or if, after having issued such a call or calls, the required numbers of qualified persons have not volunteered their services within the time or times specified, the President, either directly, or through the Chairman of the War Manpower Commission, shall direct the Selective Service System created under the Selective Training and Service Act of 1940, as amended, to supply the required numbers of persons from those who are liable for service under section 2 of this Act. The President shall also specify the quotas to be supplied, the qualifications desired in the persons to be selected, and, so far as practicable, the places to which the persons selected will be assigned. Thereupon the Selective Service System, through the local boards established under that system, shall proceed to select the required workers in the numbers, and, so far as practicable, with the qualifications, specified by the President. Such selection shall be made in a careful and impartial manner, and the decisions of such local boards shall be subject to appeal as in other cases to the appeal boards and agencies of appeal established under section 10 (a) (2) of the Selective Training and Service Act of 1940, as amended.

REGULATIONS; AUTHORITY OF THE PRESIDENT; ASSIGNMENT OF WORKERS

SEC. 4. The President is authorized, either directly or through the Chairman of the War Manpower Commission

(a) to prescribe the necessary regulations to carry out in an impartial manner the provisions of this Act, such regulations to include appropriate provisions for the registration and adequate occupational classification of all persons who are liable for service under section 2 of this Act and who have not been so classified under the Selective Training and Service Act of 1940, as amended, or otherwise;

(b) in accordance with such regulations, to assign volunteers who have responded to a call under this Act, and persons selected for service under this Act by the local boards pursuant to section 3, to such noncombatant service in aid of the war effort as the President deems necessary to the successful prosecution of the war, including the production of war materials of every sort, transportation and agriculture, and training for the performance of all such work, at such times and in such numbers as the President may determine: Provided, That in making assignments to work under this Act, due regard shall be had to assigning men or women to service in or near their home communities: Provided further, That no person shall be assigned to work under the provisions of this Act at a location where reasonably suitable housing accommodations for such person and his or her immediate family are not available: Provided further, That whenever necessary, and so far as it is practicable to do so, persons assigned to service under this Act (including accepted volunteers) shall, prior to such assignment, be given an opportunity of receiving aptitude tests and intensive training for the purpose of efficiently allocating them in places where they may render the most useful service and of redirecting or stepping up their skills in order that they may be competent for the tasks which they are to perform: Provided further, That every person assigned to service under this Act (including every accepted volunteer) shall receive the compensation and work the hours applicable to the kind of work which he or she is required to perform in the place of employment to which he or she is assigned;

(c) in accordance with such regulations, to provide for the deferment from such service of those men and women whose continued service in any office under the United States or any Territory, or the District of Columbia, or whose continued employment in any occupation or activity is found by the selective service local boards, subject to appeal to the appeal boards and agencies of appeal established under section 10 (a) (2) of the Selective TrainiL, and Service Act of 1940, as amended, to be necessary to the maintenance of the national health, safety, or interest: Provided. That the President is authorized, under such regulations as he may prescribe, to provide for the deferment from service under this Act of (1) persons found by the selective service local boards, subject to appeal as above provided, to be unfit for such service by reason of physical, mental, or moral deficiencies or defects, and (2) persons with respect

to whom such local boards find, subject to appeal as above provided, that such service would result in extreme hardship;

(d) in accordance with such regulations, to provide the necessary traveling expenses and subsistence allowances during travel and until commencement of work of persons (including accepted volunteers) as signed under this Act to service or to training in a locality other than that of their residence, and, when necessary, during their return therefrom, and, in accordance with such regulations, to provide transportation for the dependents and household effects of such persons: Provided, That such traveling expenses and allowances shall be computed in the same manner and on the same basis as those now or hereafter provided by law for members of the armed forces of the United States;

(e) in accordance with such regulations, to provide for the occupational training at Government expense of persons volunteering or selected for service under this Act, and to pay reasonable compensation to trainees during the continuance of such training; and

(f) in accordance with such regulations, to provide for the orderly and effective allocation of workers (including those employed or in process of training on the date of enactment of this Act) to the particular occupations deemed by the President to be essential to the war effort, and to the particular industries or areas in which the President finds that there is a shortage or a threatened shortage of manpower or womanpower, in order that such workers will be available where they are most needed and also for the purpose of preventing the "pirating" and the "hoarding" of labor by employers.

REEMPLOYMENT; SENIORITY RIGHTS

SEC. 5. Any person assigned to service under this Act (including any accepted volunteer) who relinquishes regular employment to undertake such service, shall upon application to his or her employer within forty days after the termination of such service, if such service terminates while this Act is in effect, or within forty days after the expiration of this Act, if such service terminates after the expiration of this Act, be entitled to be restored to his former position, or to a position of like seniority, status, and pay, unless the employer's circumstances have so changed as to make such restoration impossible or unreasonable: Provided. That if such person was in the employ of any State or political subdivision thereof, it is hereby declared to be the sense of the Congress that such person should be restored to such position, or to a position of like seniority, status, and pay.

ADMINISTRATION

SEC. 6. The Chairman of the War Manpower Commission shall administer this Act and shall have generai responsibility, subject to the authority of the President and the provisions of this Act, for all aspects of the mobilization of manpower and womanpower for service under this Act.

PENALTIES

SEC. 7. Any person who refuses or knowingly fails to comply with any lawful order issued under the provisions of this Act, or with any lawful regulation promulgated thereunder, shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than six months, or both.

PROTECTION IN EVENT OF INVALIDITY; PARTIAL INVALIDITY

SEC. 8. (a) The modification, withdrawal, or determination of invalidity of any provision of this Act, or of any rule, regulation, or order thereunder, shall not result in damages or penalties in any Federal, State, or Territorial court on any grounds for or in respect of anything done or omitted to be done in good faith pursuant to such provision, rule, regulation, or order.

(b) If any provision of this Act or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances, shall not be affected thereby.

AUTHORIZATION FOR APPROPRIATION

SEC. 9. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this Act.

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EFFECTIVE DATE AND TERMINATION OF ACT

SEC. 10. (a) This Act shall take effect immediately.

(b) This Act shall cease to be in effect on and after May 1, 1945, or such earlier date as may be specified by the Congress in a concurrent resolution.

POPULAR NAME

SEC. 11. This Act may be cited as the "National War Service Act of 1943".

[H. R. 2239, 78th Cong., 1st sess.]

SMITH

'A BILL To amend the Selective Training and Service Act of 1940 and to provide further for the successful prosecution of the war by prohibiting acts interfering with the full utilization of manpower

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

DECLARATION OF POLICY AND INTENT OF CONGRESS

SECTION 1. (a) The Congress hereby declares that in view of the critical nature of the present war and in justice to those in the armed forces of the United States, it is necessary to provide further for the comprehensive, orderly, and effective utilization of the manpower of the Nation in support of the war effort.

(b) The Congress further declares, as the general principle governing such utilization, that an obligation rests upon every person to render such personal service in aid of the war effort as he or she may be deemed best fitted to perform.

(c) The Congress further declares that it is essential that those charged with the duty of managing and directing the industrial enterprises of the country in mining, agriculture, manufacture, construction, and distribution shall have, and be protected in the exercise of, adequate authority to insure uninterrupted service by those employed in such undertakings, and to prevent the useless waste of existing manpower.

SEC. 2. Section 5E of the Selective Service and Training Act of 1940 is amended by inserting at the end thereof the following proviso: "Provided, That none of the provisions of this subsection relating to deferment from service shall apply to any person who violates any of the following provisions of this Act, and every employer shall on or before the 10th day of March, June, September, and December of each year report to the appropriate selective service local board the name of each employee subject to the jurisdiction of each local board who has failed to comply with the following provisions of this Act."

SEC. 3. Until the expiration of proclaiming that hostilities in the present war have ceased, any rules, practices, days from the date on which the President policies, or requirements of any labor organization or group of employees, or any provision of any contract, agreement, or understanding to which a labor organization is a party, which—

(1) prescribes, or has the effect of prescribing, the minimum number of employees to be employed in any work, project, or employment; or

(2) prescribes, or has the effect of prescribing, the period or manner of training or apprenticeship as a condition of eligibility for employment on any particular work, project, or employment; or

(3) prescribes, or has the effect of prescribing, in cases where there is a reduction in the amount of, or in the time required to perform, any particular work, that compensation be paid as if such reduction had not taken place; or

(4) prescribes, or has the effect of prescribing, the kind of tools or equipment which the members of such organization are permitted to use, or otherwise prohibits its members from using, or from working on any work, project, or employment on which there is used, any specified labor saving devices; or

(5) requires, or has the effect of requiring, by reason of one or more individuals not members of a labor organization having been employed

for any work, that there also be employed one or more individuals who are members of such labor organization for the performance of the same work to be present while such work is being performed; or

(6) in any other manner interferes with the full utilization of the Nation's manpower in the present war

are hereby declared void and of no effect, and the enforcement or application of such rules, practices, policies, or requirements of any labor organization, and provisions of any contract or agreement to which any labor organization is a party, or any attempt to enforce or apply such rules, practices, policies, or requirements of any labor organization, and provisions of any contract of agreement to which any labor organization is a party, are hereby declared to be unlawful.

SEC. 4. Every contractor engaged in work connected with the prosecution of the war shall have the responsibility for taking any necessary action hereunder, including the duty to report promptly any such rules, practices, policies, or requirements, or their attempted enforcement or application, to the appropriate contracting agency of the Government, or to his prime contractor, if he is not himself a prime contractor. In the discharge of his obligations to the Government every contractor shall be responsible for achieving and maintaining maximum efficiency and continuity of operations, and most effective use of available manpower, and shall have authority to take such lawful disciplinary measures within his plant or among his employees as may be necessary to insure such maximum efficiency and continuity of operation. He shall be responsible for acts of his executive, administrative, professional, or supervisory employees within the scope of their employment, and such employees shall not be eligible to membership in any labor organization engaging in collective bargaining with the contractor, nor shall such contractor be required to engaged in collective bargaining with any labor organization, including any of such employees in its membership.

SEC. 5. Any concerted action, or threats, by any persons whomsoever, designed to coerce any contractor to deal collectively with a labor organization, including such executive, administrative, professional, or supervisory employees in its membership, shall be unlawful and punishable hereunder.

SEC. 6. The term "contractor" as used herein shall include any person, firm, or corporation producing, processing, or supplying any article or service to the United States Government or to any agency thereof, or to any other person, firm, or corporation engaged in supplying such articles or services to the Government. SEC. 7. Any violation of this Act shall be punishable by a fine of not more than $1,000 or imprisonment for a period of not more than one year, or both, in the discretion of the court.

SEC. 8. All laws and parts of laws in conflict with the provisions of this Act are hereby suspended to the extent of such conflict for the period in which this Act shall be in force.

The CHAIRMAN. Is Mr. Clark in the room?

Mr. CLARK. Yes, sir.

STATEMENT OF HEATH S. CLARK, PRESIDENT, ROCHESTER & PITTSBURGH COAL CO., INDIANA, PA.

The CHAIRMAN. Mr. Clark, will you state your name, your residence, your business, and whom you represent in this hearing?

Mr. CLARK. Mr. Chairman and gentlemen: My name is Heath S. Clark. My residence is Indiana, Pa. I am president of the Rochester & Pittsburg Coal Co., which is a producer of bituminous coal in what is known as the central Pennsylvania coal field.

The CHAIRMAN. You may proceed in your own way, Mr. Clark. Mr. CLARK. The Rochester & Pittsburgh Coal Co. employs about 5,000 men and last year produced about 612 million tons of coal. For the purposes of this hearing I represent the Appalachian Joint Wage conference. That is the so-called northern branch of the wage conference which is now in session with the United Mine Workers of

America in New York. The northern part of that conference represents the States of Pennsylvania, Ohio, Maryland and northern West Virginia, and also the captive mine operators operating in both the North and the South in the Appalachian field. It employs in the neighborhood of 175,000 men and produced in 1941 about 200,000,000 tons of bituminous coal.

I desire to confine my discussion to House bill 2239, particularly the last sentence of section 4 thereof, which reads:

He shall

that is, the coal operator

be responsible for acts of his executive, administrative, professional, or supervisory employees within the scope of their employment and such employees shall not be eligible to membership in any labor organization engaging in collective bargaining with the contractor, nor shall such contractor be required to engage in collective bargaining with any labor organization including any of such employees in its membership.

Senator Burke in his appearance here yesterday gave this committee the general background of the reasons why the bituminous coal industry is interested in this particular legislation. He explained to you that it came about through a ruling or a decision of the National Labor Relations Board in what is known as the Union Collieries case. I do not want to repeat what Senator Burke said except call the attention of the committee to the fact that that decision held that two classes of supervisory employees-that is, mine foremen and the fire bosses-were not eligible to membership in this union. In that case there were only four classes of supervisory men actually decided to be proper members in this union. Of course, the demands of the United Mine Workers of America in the present wage conference go far beyond that. They name several other classifications, including the two classifications which were specifically excluded in the National Labor Relations Board decision.

It is impossible, within any reasonable limitation of time, to describe to this committee the varying duties of all these supervisory employees, but I do want to state in general the duties of some of them, so that this committee will know just what is involved so far as the bituminous coal industry is concerned.

The modern coal mine is a large and complicated establishment. The latest statistics from the United States Bureau of Mines for 1941 show that 73.4 percent of the total production of the country is produced by only 730 mines. These 730 mines constitute only 10.7 percent of the total number of mines. It is quite evident that the country is dependent upon the larger mines, the kind I am about to describe briefly, for the greater part of its coal requirements. A typical mine of this class would embrace an area of several square miles and would have 20 to 30 miles of active underground passageways, or entries, as we call them, and an equal mileage of track for transportation purposes. It would employ 500 to 1,000 men, working in one, two, or three shifts. It would produce 2,500 to 5,000 tons of coal a day. It would have 25 to 50 electric locomotives and 500 to 1,500 mine cars to transport the coal from the working face to the dumping facilities outside. Its transportation system would be operated very much like a modern railroad, with dispatchers and a block system. It might have as many as 100 or more pumps to drain the water from the mine, for many mines